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• ^e«4t ^a^c-iuk
r
1
^i^
THB
^tamtt^ at %atfit;
BEING
A COLLECTION
OF AJLL THE
LAWS OF VIRGINIA, v^A^
VBOM' THE
FIRST SESSION of the LEGISLATURE,
IN THE YEAR 1619.
I^VBIilSHKD FIJB8UANT TO AN ACT OF THE GENEBAL ASSEMBLY
OF TIRGINIAf PASSED ON THE FIFTH DAY OF FEBBUjiaY,
ONE THOUSAND EIGHT HVNDBED AND EIGHTp
VOLUME V.
By WILLIAM WALLER HENING,
''The Lawt of a country are necessarily connected with every tiling be^
loneing to the people of it; so that a thorough knowledge ottfiem, and
of meir progress would inform us of every thing that was most use-
ful to be known about them; and one of the greatest imperfoctiona
9f historians in general, is owing to their ignorance of law."
Pusstlet's Lkct. on Hist. Vol.. t, ps. 14?
i
RICHMOND.
PRINTED POR THE EDITOR.
AT THE FRANKLIN PRESS.— W. W. GRAY, Prist
• ••• ••**«T^*
1819. •:;:•.•••; vV
1
* • •
Mar 1^13
w**
?*-^ ^
WE JOHN M. MABTIN and lOBfiRT a 8C0TT, meml^rt of
the Privy CouacU of the CominonwealUi of Virgiitta, do herebj
certify that the Laws contained in the Fifth voKime of Amtfiv^
SkUtUe9 at Lttrg€f have been by ua examtned and compared with Um
originals from which they were taken* and have been found ^ruly
and accurately printed^ except aa to the liat pf Erraia to the nuni«»
ber of forty four at the end or the vohime. Given under ourliands
and Milt m» 31sl d^ of December, 1819.
KMIN M. MARTIN, SeaL
IKWEB7 a SCOTT, SeriL
*1 'iX
BINDING
NUMBER
OF 1898.
[42
97
PBEFACU
TO THE
FIFTH rOLUMM
OVTHE
ftTATUiCES AT liAUGE.
^ THE publication of this work, wliicii had been suspended du-
ring the late war between the united kingdom of , Great Britain
and Ireland^ and the United States of Americaf is now resumed,
under the patronage of the Legislature. The lapse of every
^ear evinced more clearly its importance. Almost every day
were the unpublished sessions acts consulted, by some individual,
whose rights depended on a statute no where else to be found*
An enlightened legislature, at the last session^ having gone
through a revision of the laws, nmo infarcCf at once perceived
that the work was not complete, until the sessions actSf from which
these laws were originally taken, were also published. This
was essential, not only to a correct exposition of the public laws,
by being enabled to trace the reasons, on which they were found-
ed, but for the quieting of private rights, and the preservation of
authentic documents in our early history.
By an arrangement with the editor, and sole proprietor of the
Sessions acts of which the Statutes at Large are composed,
the copy-right is exclusively vested in the state. The impression
is limited to one thousand copies; eight hundred of which are
taken by the Commonwealth, and two hundred reserved by the
editor, for the purpose of supplying his original subscribers.
After distributing to public Officers, a certain proportion of those
Subscribed for by the state, tiie remaining copies will be disposed
of on public account, under the direction of the Executive.
Under the act of the fifth of February, 1808, the number of
copies subscribed for by the state was so small, and consequent-
ly the impression so limited, as not to afford the editor any pros-
pect of a just remuneration for the immense labour bestowed,
and expenses incurred, in collecting the original materialsi He
iv PREFACE
ihereforo authorised Mr. Samuel PkasantSf the then printer to
the commonwealth, to publish three hundred and fifty copies, for
a certain stipulated sum^ the editor retaining the copy-ri.i^ht, and
all the materials to himself. The 1st, Snd, drd, and 4th volumes
had been published, when the interruptions produced by the war,
and the death of Mr, FleasaiUs, with the sale of his printing es-
tablishment, and the abandonment of the business by his repre-
sentatives, suspended the farther progress of the work. The
strong terms in which its prosecusion was recommended, by the
committee of revision, in their report to the legislature, at the
session of 1817, aided by the correct views of its importance, ta-
ken by the members of that body, gave rise to the act of the 10th
of March, 1819, which is prefixed to this volume.
If the publication had progressed, as was originally contem-
plated, the work would, by this time, have been nearly comple-
ted. As so much delay has unavoidably ensued, the editor will
endeavour, by the most unremitted exertions, to fill up the qhasm
which has been produced. The fifth and sixth volumes will be
published during the present year, and the seventh put to press.
At the meeting of the legislature, in 18S0, he expects to present
them with a volume containing the laws of the revolution.
In tills volume, the revised acts of 1748 commence; the opera-
tion of which was suspended until the tenth of June 1751. They
were first published, as enacted by the colonial assembly, in the
edition of 1752, without waiting for the i*oyal assent. But the
king, as announced by a proclamation of the governor of the
eighth of April 1752, having repealed ten of the acts of 1748,
their titles are published at the end of the volume, with a notifi-
cation that they are so repealed. From hence it may be infered
that, tlie printing of the edition of 1752, had too far progressed
before a notification of the repeal of these acts was received, to
omit them in their proper places. The proclamation, at large,
is inserted at the end of this volume.'* This exercise of the roy-
al prerogative was received with great sensibility by the legis-
lature of Virginia, and its constitutionality strongly questioned;
as may be perceived by the joint representation of the Governor,
Council, and Burgesses, to the King, published in a note to
chapter Ji of the acts of 1748, dedaring slaves to be personal es-
tate, &c.f In this representation, the reasons and necessity of
enacting these laws are pressed with great weight, and the pro-
priety pf tlie veto exercised by the king repelled with equal firm-
ness. The repeal of these acts, together with the incorrect man-
ner in which the edition of 1752 had been printed, without doubt,
• See pa. 567. f See pa. 432.
PREFACE. V
produced the edition of 1769^ in which the errors of the edition
of 1752 are corrected, the repealed acts of 1748 omitted, and such
laws of a public natui*e inserted, as had been passed, or re-enact-
edy with amendments, since the revisal of 1748. The editor has
in his possession the very copy of the edition of 1752, from which
that of 1769, was printed. Every act noted in manuscript ^^not
to be printed** is omitted, in the edition of 17C9; every correction
introduced; the marginal notes printed word for word^ as they
are tvritien; and the chapters numbered precisely as they are
marked in manuscript. Besides, in various parts of the volume,
the words " Examined so far with the Rolls** occur; and the prin-
ter's notes in the margin, sitew the page on which each sheet of
the edition of 1769 commences. On comparing the acts contain-
ed in the last mentioned edition, with the former laws, of which
it WAS composed, it will be perceived, that although the chapters
arc differently numbered, yet the sections remain unaltered, and
that no new matter, except mere corrections, is introduced. All
these circumstances prove, that tlie laws contained in the edition
of 1769, are a mere compUatiaii, provided for by a resolution or
order of the General Assembly, as appears by the title page; for
no act can be found authorising a revisal at tliat period. That
collection was long known by the appellation of the Old boot
ov THE LAWS, HS contradistinguished, from the subsequent edi-
tions, and has ever been considered as of undoubted authority.
At the end of this volume is inserted the official proclamation
repealing certain laws passed at the revisal of 1748, already no-
ticed, and the form of giving the Itoyal •^sent to an act of assem-
bly, passed under the colonial government.'* These papers are
preserved in a book in the office of the General Court, formerly
under the direction of the Secretary of tlie Colony, who united,
in his own person, the present offices of Clerk of the Council,
Register of the Land Office, and with whose office that of the
Glerk of the General Court was connected. It may not be un-
important to remark, tliat there are now, in the clerk's office of
the General Court, a number of papers and records, which pro-
perly belong to the Executive department, and that of the Re-
gister of the Land Office. But it would rcc|uire considerable la-
bour to collate them. At one period, the Secretary seems to have
bad the papers of his office j*ecorded, without regard to method,
or the subject matter. In the same volume, we often meet with
prodamationSf pleas of the crorvn^ and patents for land. And tliere
can be but little doubt, that there are now in the office of the Ge-
neral Court, a number of patents for land, for which ineffectual
♦ See pa. 559.
iii PREFACE-
searches have been made in the Register's Office. Indeed, thd
negligence of the Secretary was at one time so great, as to ox- ^
cite the animadversion of the General Assembly^ and to render a
special act necessary,*
Notwithstanding every effort has been made by the editor, ho
has to regret that there are a few private and local acts which he
has been compelled to publish for the present by their titles on-
ly; it having been impossible to procure entire copies of the acts
themselves, in this country. But he has sent to England a list
•f tlie titles, to which the acts are deficient, from whence he has
every reason to expect the entire acts will be obtained, though at
a very great expense. Should he succeed in procuring them, of
which he has the best founded hopes, they will be published in
an Appendix to the last volume, together with a Oeneral digested
Index to the whole work. At a very early period of the colonial
government, two copies of the laws of each session were sent to
England; one to the lord Chancellor, or one of the Principal
Secretaries of State, and another to the lords Commissioners for
Trade and foreign Plantations,! to whom they were always re-
ferred by the king in council, before the royal assent or disal-
lowance was signified. In consequence of this information, im-
parted by the editor, the entire copy of a private act had alrea-
dy been obtained from England, of which the title only had been
preserved in tliis country. From the end of the year 1748 down
to the present time, the editor has the satisfaction to state that^
he has in his possession toery act of the Creneral Assembly, and
every ordinance of Convention, passed in Virginia.
WILLIAM WALLER HENINO.
See vol. 2. pa. 210. f See vol. 2. p». 512.
IA$t of Groveniors of Virginia^ during the
period comptnsed in this Volume.
WIULI AM GOOCH, esq. who was appointed go- ^m, Goocb,
vcrnor in 1727, (see vol. 4. pa. 3.) continued in office estj.
daring the v^hole period comprised in this volume,
and until some time between 1749, and 1752.
•fln Act concerning the publication of the
Statutes at Large.
[Passed March 10th 1819.]
1. Be it enactedf by the General ^ssemblyf That in order to en-
sure the publication or the Statutes at Large, which was author-
ized by an act passed on the fifth day of February one thousand
eight hundred and eighty the Governor be, and he is hei*eby au-
thorized and required to subscribe on behalf of the Common wealthy
on such terms as are prescribed by the said act^ for so ma>iy co-
pies of the said work yet to be printed, as will make the whole
number amount to eight hundred copies, including the number
mentioned in the act aforesaid; the surplus copies of which, after
distributing to public officers, in their discretion, so many as the
Executive may deem expedient, not exceeding one hundred and
fifty copies, shall be sold on public account, in such manner as
the Executive may think proper to direct; the impression not to
exceed one thousand copies of each volume. The Commonwealth
taking the copies aforesaid, is entitled to the exclusive copy-right
thereof.
2. Jind be it further enacted. That upon the certificate of any
two members of the Executive Council, fur the time being, an-
nexed to each volume, that the said laws have been carefully com-
pared by them, with the original laws, and found to be Iruly and
accurately printed, they shalf be received and considered of equal
authority in the courts of this Commonwealth, as the originals
from which they are taken.
3. This act shall commence and be in force from and after the
passage thereof.
AT A
SUMMONED TO BE HELD AT
TJie Capitolf in the City of Williamsburg^ on the first
day of JSugustf in the ninth year (f the reign of oar
soroereign lord George tlie second^ by the grace of Ghd,
of Qreat'Britainf France^ and Ireland, King, De-
fender of the Faith, Sf(u And from thence continned,
by several prorogations, to the first day of JV&ceniber,
in the twelfth year of his said Majesty* s reign, and
in the year of our Lord, 1738.
Wm- Goochy
esq. Govern-
or.
CHAP. 1.
An Act for further continuing and amending the Ad,
For amending the Staple of Tobacco; and for pre-
yenting frauds in bis Majesty's Customs.
I. ¥irH£REAS the act, made in tbe third year of
^^ bis majesty's reign. For amending the Staple Preamble.
of Tobacco; and for preventing Frauds in his Majes^
iy*s Customs, which bath been explained, amended^
and continued, by three subsequent acts of assembly;.
one of which, was made in the fifth, another in the
eighth, and the other in the tenth year of tbe reign of
his said majesty, hath been found, in a great measure,
to answer the good ends and design thereof, in prevent-
ing the exportation of bad, unsound, and unnwrchant-
able tobacco, in securing fair traders against many a-
buses and deceite, and in detecting and discouraging
frauds in his majesty's customs^ to the great advan-
tage of the trade of this colony: And the said acts, if
farther continued, with some alterations and amend-
ments, will be still a grieateir encouragement and benefit '
both to the trader and planter: And wheras, notwith-
B—Vol. 9.
10 LAWS OF VIRGINIA,
standing the good effects of the said law, the ill beha-
viour and bad practices of some inspectors in the ex-
ecution thereof* liave occasioned some discontent and
uneasiness. For remedy wliereof, and for removing
all occa8iv>n of complaint for the future,
The manner !'• ^^ i^ enactedf by the Lieutenant OovemoVf Coun-^.
ofippo\Tit\ng cilf and Burgesses, of this present General Assembly, and
inspectors, n is hereby enacted, by the authority of the same, That
from and after the last day of J uly next, all inspectors
shall be appinnted in the following manner; that is to
say, The justices of the respective county courts with-
in this colony, wherein public warehouses, for the re-
ception and inspection of tobacco are, or shall be esta-
blished, shall, annually, at the coui*ts held for their
said counties* in the month of August, or September,
nominate and recommend to the governor or commander
in chief of this dominion, for the time being, in writing,
four fit and able persons, who are reputed skilful in to-
bacco, for the execution of the office of inspectors, for
every public warehouse or inspection in their county.
And that where public warehouses have been, or shall
be, appointed in several counties, under one inspection,
the court of each re^^pective county, shall nominate and
recommend two fit persons, to be appointed at such
warehouses, in the manner herein before directed:
liVhich nomination, the said justices shall cause to be
entered upon record; and the clerks of such courts re-
spectively, shall forthwith transmit a copy of the same
to the secretary's office; and the governor, or com-
mander in chief, with the advice of the council, out of
the persons so nominated and recommended, shall chuse
and appoint two, to execute the said office, at every
such wareliouse, or ins[iection. And if the persons so
appointed, or either of them, shall be again recom-
mended the next succeeding year, the same shall be a
sufficient appointment to him or them, to continue in
the said office, without a new commission; and so from
year to^ear, so long as they shall be recommended, as
aforesaid. And in case of tiie deatii, resignation t or
removal of any inspector, the governor, or commander
in chief, shall likewise chuse and appoint some other
t person named in tlie'last recommendation, from the
county court wiiere the vacancy shall happen, to suc-
<*eed such inspector.
NOVEMBER 1738— 12th ©EORPE II. a
III. Provided alwaySf That no jlistice of the peace, No inspector
bein/^ an inspector, or recommended to be an inspector, ^^^aj^^e a col-
shall have a vote in any such recommendation: And
that no inspector, during the time of his continuance in
that office, shall becollector of his majesty's quit-rents,
or of any public, county or parish levies, or of an'y offi-
cers fees.
IV. Proroided alsoj That if any county court shall County
fail to nominate and recommend, as aforesaid, the go- po^i^ts fail-
vemor, or commander in chief, with the advice of the Jjo^/nj.
council, shall, in case of the vacandVf of any inspectors
place, appoint any person or persons that he shall think
fit, to fill up such vacancy.
V. Prcrotded nevertheless^ That all inspectoi^s, being
in office at the time of the first nomination, who shall
be recommended in manner aforesaid, by the said coun-
ty courts, shall be continued in the said office, if tliey
shall think fit, so long as they shall well behave them-
selves therein.
VI. And be itftirther enacted by the authority afore- inspectors
saidf That every inspector, before he enters upon the failing to at-
execution of his office, shall make oath, and ejive bond tend, liable
and security, according tothe directions of the said first q^^^^^*^
mentioned act of assembly. And that ali inspectors of the party
shall constantly attend their duty at the warehouse, or griered.
inspection, under their charge, from the tenth day of
November, to the last day of June yearly, (except Sun-
days, and the holy days observed at Christmas, Easter>
and Whitsuntide, or when hindred by sickness;) and
afterwards, they, or one of them, shall constantly at-
tend at the same, (except on Sundays) to deliver out to-
bacco for exportation, *til all the tobacco remaining
there the said last day of June, shall be so delivered.
And every inspector neglecting to attend, as aforesaid^
shall forfeit and pay, to the party grieved, five shillings
for every neglect: To be recovered, with costs, before
any justice of the peace in the county where such ware-
house, or inspection shall be: Or shall be liable to the
action upon the case of the said party grieved, to re-
cover all such damages, which he or she shall have sus-
tained, by occasionof any such neglect; together with
his or her full costs, at the election of such party.
VII. And, that the inspectors of every warehouse, shaUaacount
or inspection, shall, hereafter, keep a just and true ac- forwhatshiOl
count of all tobacco that shall be gained or saved, upon be gained by
12 LAWS OF VIRGINIA.
the allowan- tho allowances made forcask^op shrinkage^ of all trans*
^^"hrinka?' ^^^ tobaccoj and shall exhibit such account, upon oath,
ors rmiLage, ^^ ^^ court of ]the county whci*e such warehouse, or
inspection shall be, in the month of September yearly, if
a court be then held; but if not, shall then exhibit such
account to some justice of the said coqnty; and make
oath thereto before him; which said justice shall return
tiie same to the next succeeding court. And the «aid
insiiectors having exhibited such account, and made
oath, as aforessid, shall, by public auction, at the court-
door of the said county, on the court day in September
aforesaid, sell all such tobacco as shall be gained or sav-
ed, as aforesaid, for the best price that can be got for the
same in money; and shali account for and pay the said
money to the treasurer of this colony, for tlie time being,
in their next account with him. And the said treasu-
rer shall account for the same to the general assembly.
And that no inspectors shajl, hereafter, convert any
such tobacco to their own use.
And maybe VIll. And, that the inspectors be obliged to make
obliged to every hogshead of transfer tobacco by them paid away,
tobacco "in ei|{;ht hundred and fifty pounds pf nett tt>bacco, if the
hogsheads of notes produced by the party receiving the same, do
85U nett, and amount to SO much, after the allowances for cask and
tSb^co th^^ simnkagc are deducted. And that they be also oblig-
same weight, ed, when reqi|ired by any person entitled to receive
any hogshead of crop tobacco at their inspection, which
shall be under eight hundred and fifty pound$ nctt, to
prize the same, so as to make it up that weight; such
pei*son finding the tobacco, and paying the same fee, as
for passing and stamping transfer tobacco. And iYi all
transfer notes which sliall hereafter be delivered out,
the inspectors shall distinguish whether the tobacco be
leaf or stemmed.
An oath to IX. Jnd he it further ejutded^ by the auOiority afore-
^K ^^^^.^^ saidf That all ins|>ectors, sherifis, under-sheriffs, and
otw offi. constables, who shall be in office on the first day of
cers. ' February next, shall, at the first or second court of
their respective counties, after tlie said first day of Fe-
bruary, take an oath:
rpHAT if they sliall at any time know, or be credi-
-■- hly informed, t)r have good grounds to suspect^
that any tobacco is pressed or packed in any cask, chest,
case, or other package whatsoever; or any tobacco is
NOVEMBER 17S8— 12th GEORGE U. ^g
pat on board any boat or ve8sel» in order to be shipped
off, without being inspected; or that any tobacco is
carrying* or carried out of this colony, into Cdroltna,
or Marylandf without a permit for so doing, they will
forthwith make information, and aparticular discovery
thereof, tu the next justice of the peace of the county
where such tobacco shall be.
X. And, that all the said officers respectively, which Penal^.
shall hereafter be ap|)ointed, or sworn, into the said of-
fices, shall, at the time of their being so sworn, take
the same oath, and obtain a certificate thereof: And
every such offii^er failing so to do, shall forfeit five
pounds current money, to the informer: To be recov-
ered, with costs, by action of debt, or information, in
any court of record within this dominion. And if any
justice of the peaceshall know, or beinformed,as afore- The power
said, by any of the said officei*s, or by any other per- ?«d <l"*y <^
SOD, upon oath, of any such tobaccos-i pressed or pack- ifBc^ to
ed; such justice, or by his warrant, any sheriff, under- prevent the
sheriff, orconstabie, within the limits ofhis county, shall exportation
have power, and be obliged, to enter any suspected ^^^^^'
house, and to break open all doors, either by night or
by day, to search for the same; and finding any tobac-
co prised in any cask, chest or case, that shall not con-
tain two hundred pounds weight of nett tobacco, or any
other package, made up in linen, cords, or spun-yarn^
of any weiglit whatsoever; such justice, sheriff, under-
sheriff, or constable, respectively, shall seize and de- ^
stroy the same: And the pei*son, in whose possession
such tobacco shall be found, shall forfeit, to the infor-
mer, ten shillings current money, for every hundred
pounds weight; and so in proportion, for a less quan-
tity: To be recovered, with costs, in any court of re-
cord, if it be twenty five shillings current money, or
more; or if under that sum, before any justice of the
peace of the county where the fact shall be committed;
and such justice shall issue an execution, either against
the body or goods of the offender accordingly. And if
any action shall be brought against any justice of the
peace, sheriff, under-sheriff, or constable, for doing any
thing in the execution of this act, the defendant may
plead the general issue, and give this act in evidence:
And if the plaintiff shall be nonsuit, or judgment pass
against him, upon a verdict, or demurrer^ the defend-
ant shall recover double costs.
14
LAWS OF VIRGINIA.
Inspector re- XI. wjnd be it further enacted^ by the aMthonty afore*
to tfT^^'*^'* ^^^ That if any inspector shall be removed from bis
cuttf^s^ac**' office, upon a complaint, and prosecution against bim^
tion for in the method prescribed by the said act, made in the
costs. eighth year of his majesty's reign, he shall be liable to
the action on the case, of the prosecutor, for his neces-
sary costs and expences in such prosecution; in which
the prosecutor shall also recover his full costs of suit.
The rents of XII. And whereas, several new warehouses have been
several ware- built, since the reduction of tiie public warehouse rents,
houses rais- gQ^c at the expence of the several counties where the
said warehouses are situate, and others by the proprie-
tors of the land on which the same are built; and the
rents, as then settled, are not sufficient to defray the
expence of building such additional houses, in any rea-
sonable time:
XIII. Be it therefore further enacted, That from and
after the tenth day of November last, the rents of th«
following public warehouses shall be raised and settled
at the rates herein after expressed: that is to say^
Per Jinnum.
Conway's,
17 0 0
Meriwether's,
17 0 0
Gray's Creek,
iJiJ 0 a
Mattox
14 0 0
Fredericksburg,
35 0 0
Warwick,
28 0 0
Hoy's,
20 0 0
Acquia,
19 0 a
Bray's,
15 0 0
Urbanna,
7 10 0
Sleepy Hole,
13 10 0
Appamattox,
27 00 0
Gibson's,
21 00 0
Soans's,
15 00 0
Hunting Creek,
8 00 0
Constance's,
14 10 0
Lawrence's,
18 10 0
New ware-
cweTedJ^and And that new public warehouses be erected at the fol-
others re- lowing places: that is to
say, upon the old plantation
pealed. of Thomas Haynes, gent,
. deceased, on the east side of
saf^w Sis- Eastermost river, in the county of Gloucester: And
ed. that the rent thereof, be
ten pounds per annum; and
'NOVEMBER 1738— 12th GEORGE IL
the salary of the inspectors, thirty pounds per annum
to each inspector. On the land of Mr. Rodham Ken-
ner» opposite to the warehouse at Coan^ and to be un-
der the same inspection; and that the rent of the said
jiew warehouse be five pounds per annum. And that
the public warehouse at Taskanask be repealed; and
that instead thereof, a public warehouse be appoint-
ed at the Brick- boose, at the same rent as is settled for
that at Taskanask; and to be under the same inspecti-
on as that at Hog-Neck. And that the public ware-
house lately appointed on Capt Barbell's land, be also
repealed; and another established instead thereof, at
Totaskey ferry, at the rent of six pounds per annum;
and to be under tlie same inspection as the warehouse
on the other side the creek: And that the salary of the
inspectors at Gibson's, be increased five pounds per
annum^ to each inspector; and of the inspectors at
Frederickshurg, twenty pounds per annum, to each in-
spector.
XIV. wind be it further enectedf That where any Directions
public warehouse has been appointed upon any river or for placing
creek, sofnear the waterside, as that the tobacco broH ^"Ijg^s here-
thither may be in danger of being destroyed, by the after.
overflowing of such river or creek,the respective courts
of the several counties wherein any such warehouse or
warehouses are^ shall be, and are hereby authorized
and impowered at any time hereafter, when it shall be
necessary, to build more or other houses, in the room
of those gone to decay, to direct and appoint the ware-
houses, so to be built, to be erected at some more con veni-
entplace, upon the land of the owner or owners of the'first
built houses: But if such owner has no land where such
house tor houses may be built, and the tobacco be se-
cured from such accidents, then the said county courts
shall have power to direct such house or houses to be
built upon the land of any other person.
XV. •And he it further enactedf That where any per- Allowance
son, chargeable with any oflicers fees, lives in another to be made
county than that where the service is performed^ or the ^ ^^^'"^
fees become due, the same allowance shall be made to ^j ** *^
every such person, as is by law settled to be allowed
in that county where the service is performed, or the
fees become due; and no other allowance whatsoever.
Any law, usage^ or custom, to the contrary^ notwith-
standini;*
X
(S LAWS OF VIRGINIA,
Commenc- XVI. Jindbeit further ena^ed^ by the authority of ore*
ment and g^j^^ That this act shall commence immediately fi-om
c^nunuance. ^^^ ^^^^^ ^j^^ passing thereof: And together with the
said first mentioned act. For amending the Staple of
Tobacco; and for prrcenttng Frauds in his Majesty^s
Customs; and the three other subsequent acts, For ea:-
plaimngf amendiTig, and continuing that Act^ for so
much of the sam^e as is not repealed^ or altered^ shall
continue in force 'till the ninth day of November, in the
year of our lord, on6 thousand seven hundred and thirty!
nine, and from thence for three years next following,
and no longer.
(
CHAP. II.
An JictyfoT tlie better Regulation of the JGlitia.
Preamble. I. TS^HEREAS, the laws heretofore made, for tlie
settling and better regulation of the Militia,
have proved very ineffectual, whereby the Colony is
like to be deprived of its proper defence, in^time of
danger, for want of training the persons listed to serve
therein, and reducing them under a proper discipline:
What per- ''* ®^ *^ therefore enacted, by the Lieutenani-Goroer*
sons shall be nor. Council, and Burgesses, of this present General As-
li»ted. sembly, and it is hereby enacted, by the authority of the
sanu, That from and after the publication of this act,
the colonel, or chief oflScer of the militia, in every coun-
ty, shall list all free male persons, above the age of one
and twenty years, within this colony, under the com-
mand of such captains as he shall think fit.
Persons ex- '''• FTorcided alwaus, Thatnothing herein contain-
emptcdfrom ^d, shall be construed to compel any persons herein
personal'at^ after-mentioned, to a personal attendance at musters:
tendance. ^|,g|. jg ^^^ ^^^^ &\ic\\ as arc, or shall have been, mem-
bers of his m^esty's council, speaker of the house of
burgesses, secretary, receiver-general, auditor, judge
of the court of vice-admiralty, attorney -general, clerk
of the council, clerk of the house of burgesses, clerk of
the secrctary'SjOflSce, a justice of the i>eace, clerk of any
county court, or any pei'son that shall have borne any
military commission as high as that of a captain, or
any of the people commonly called Quakers: Yet all
the persons aforesaid, shall, and are hereby required.
l^OYEMBER 1738— 12tli GEORGE 11. 17
to send one able-bodied roan, not being a convict^ or
man and horse, armed and accoutred, according to the
directions o£ this act, constantJy to appear, and exer-
cise at musters.
IV. Proroided also. That nothing herein contained, 51^^ being
shall iropower or enable any colonel, or chief officer of listed.
the militia, to list or cause to be listed, any of the min-
isters of the church of England, the president, masters,
or professors, and students, of the college of William
and Mary, during the time of their being such, any
overseers residing on the plantation where the slaves
under their care arc worked, all millers, having the
charge and keeping of any mill, nor the founders, keep-
ers, or other persons emploied in or about any iron,
copper, or lead work, or any other mine, during the
time of their being so emploied; who are hereby ex-
empted from being any ways concerned in the militia.
V. Jind be it further enacted^ by the authority afore* jj^^ ^^ ^j.
$aidf That every person, so as aforesaid listed, (except ntia shall be
free mulattos, negros and Indians,) and placed or rank- armed.
ed in horse or foot, shall be armed and accoutred in
manner following: that is to say. Every horse-man
shall be furnished with a serviceable horse, a good sad-
dle, with breast-plate, crupper, curb-bridle, carbine or
fuzee, and bucket, holsters, a case of pistols, cutting
sword or cutlass, double cartouch-box, and six charges
of powder; and constantly appear with the same, at the
time and place appointed for muster and exercise; and
shall keep at his place of abode, one pound of powder,
and four pounds df ball, and bring the same into the
field with him, when thereunto required. And every
footman shall be furnished with a firelock, musket, or
fazee, well fixed, a bayonet fitted to the same, or a cut-
ting sword or cutlass, a cartouch-box, and three char-
ges of powder; and appear with the same at the time
and place appointed for muster and exercise, as afore-
said; and shall also keep at his house, one pound of
powder, and four pounds of ball; and bring the same
into the fields when he shall be required.
VI. J^lnd be it further enacted. That all Such free mu- Mulattos, &c
iattos, negros, or Indians, as are or shall be listed, as nottobear
aforesaid, shall appear without arms; and may be em- *^""^*
ploied as drummers, trumpeters, or {)ioneers^ or in such ^
Other servile labour, as they shall be directed to per-
form.
C— Vol. 5.
18 LAWS OF VIRGINIA.
Duty of offi. VII. And, for the better training and exercising the
^^"iKment "••'*^'*» *"^ remlering ihem moi*e serviceable, Beit
ofalaobet" further enoctedj Thatcvery captain shall, once in three
dientsol- months, or ot'tner, if required, muster, train, anu ex-
diew. ercise his trmip or company: And the county lieuten-
ant, colonel, or chief commaniiing officer, in every
county, shall cause a gt nt ral muster and exercise of all
the troops and companies within his county, to be made
in the month of September, evei*y year. And if any
soldier, during the time he is in arms at a general mus-
ter, shall refuse to |ierform the commands of his offi-
cer, or behave himself refractfjrily or mutinously, it
shall and may be law ful, to and for the chief aimmand-
ing officer, then present, to cause such oflTender to be
tied neck and heels, for any time, not exceeding five
minutes: An<l for a second offence, at such general
muster, the offender shall be punished by the sentence
of the majority of the field-officers and captains, tlien
present; who arc hereby impowered, by a warrant un-
der their hands, to commit the offender to the c^iunty
goal, there to remain for any time not exceeiling ten
days. And if any soldier, during the time he is in
arms, at any private muster,shall misbehave, as afore-
said, such offender shall be punished by any field officer
then present; or, in case there be no such field officer,
then by the sentence of a majority of the commission
officers, then present; w^hich field officer, or in his ab-
sence, the majority of the comraission-officei's, arc
hereby impowered to cause such offender to be tied neck
and heels, for any time, not exceeding five minutes,
for tlic first offence; and for the second offence, the
majority of the commission-officers, then present, are
hereby impowereiU by warrant under their hands, to
commit such offender to the county goal, there to re-
main for any time not exceeding ten days. And in ei-
ther case, of commitment to the county goal, the offend^
crsocommitted,shall not be thence dischai*ged,until the
lawful fees for commitment, imptisonment, and dis-
charge, be fully satisfied and paid. And that every
captain, and, in his absence, the lieutenant, shall duly
make a list of all the persons upon his muster-roll, who
shall be summoned, and do not appear at »ny of the
Said musters, arihed and accoutred, as by this act is
directed: and return the same, witli the names of all
officers \>ho siiall be absent^ to the court-martial, to
NOVEMBER 1738_12th GEORGE IL 19
which li€ belongs. And every captain shall have pow-
er to appoint a clerks to his troop or company, who shall
keep tlie muster-rolls, and attend all musters with the
same; and such clerk shall be exempted from appear-
ing at arms, in all such musters.
VIII. Ami further, it shall and may be lawful, for p^^^j^j^^ ^^^
the chief officer of tlie militia, in every county, to going armed
order all persons listed therein, to go armed to tlieir to church,
respective parish churches; and some time before thcf"^ appoint-
tenth of June yearly, to ap[)oint an officer, and fourj"^^*^'^*
men, of the militia, at such times and seasons as he
shall think proper, to patrol, and visit all negro quar-
ters, and other places suspected of entertaining unlaw-
ful assemblies of slaves, servants, or other disorderly
persons. And such patrol lers shall have full |)ower and
authority, to take up any such slaves, servants, or dis-
orderly persons, so as aforesaid unlawfully assembled,
or any other, strolling about from one plantation to ano-
ther, without a pass from his or her muster, mistress,
or overseer, and to carry them before the next justice
of the peace; who is to order every such slave, servant,
stroller, or other disf»rderly jierson, as aforrs-rid, to*
receive any number of lashes* not exceeding iweuty^
on his or her bare back, well laid on: And in case one
company of patrollers shall not be suHlrient, to order
more companies, consisting of the same number. And
such patrollers shall be exempted from attend <ince at
private musters, and from the paiment of all public,
county, and parish levies, for their own persons, for
those years in which they shall be emploied in that ser-
vice.
IX. •tfnd be it further enucted^ That it shall and . ^
may be lawful, for the field officers, and captains, oftiajtobe***^
every county, or the major part of them, whereof tlie held for fin-
county lieutenant, colonel, lieutenant-colonel, or major, '"& d^^«-
diall be one, and they are hereby required to meet at ^^^"^•
the couit-house of their counties, respectively, on the
day next following the general muster, then and there
to hold a court. martial; which said court shall have
power to adjourn from day to day, and to enquire of
the age and abilities of all persons listed, and to ex-
empt such as they shall judge incapable of service; and
of all delinquents returned by the captains, for absence
from musters, or appearing without arms and accou-
trements; and to order the fines inflicted by this act.
20 LAWS OF VIRGINIA,
and not otherwise directed, to be levied upon all de-
linquents, who shall not make out some just excuse for
not performing their duty; and to order and dispose of
all such fines, in the first place, for buying drums,
trumpets, and tropliies, for the use of the troop or com-
pany from whence the same ai*ise; and afterwards, for
supplying the militia with arms. And the said court
shall have full power, and are hereby i*equired, to keep
a register of all their proceedings; and for that purpose
to appoint a clerk; and to allow him such salary for his
service, out of the said fines, as they in their discretion
sliall think i-easonabie. And after the holding of every
such court, the clerk shall make out copies of all their or-
ders, and deliver the same, within one month next fol-
lowingthesaid court, to the sherifTof the county; who is
hereby impowered and required to demand and receive
the money or tobacco therein charged, of the persons
made chargeable therewith; and in case of non-payment,
on or before Hietenthday of April next following, to levy
the same by distress, and sale of the goods of tlie party
refusing, according to the directions of the laws now
in force, enabling the sale of goods distrained for rent.
The fines X. Andvfor settling the fines to be inflicted upon all
settled. persons wlio shall fail to do their duty, in any thing
required to be done by this act, and on all other delin-
quents punishable hereby. Be it further enajcted by the
authority aforesaid^ That the several persons herein
after mentioned, for such failure, shall fcirfeit and pay
the sums following, respectively: tliat is to say. The
lieutenant of any county, or, in case of his absence from,
or non-residence in the county, the chief commanding
officer, there re.sidin/r* faiiingto appoint a general mus-
ter, in the month of September, yearly, shall 'pay ten
pounds for every failure: To be recovered, with costs,
by action of debt, or information, in any court of re-
cord, in this colony; one moiety to our sovereign lord
the king, his heirs and successors, for and towards the
better supplying the county with arms; and the other
moiety to the informor, to his own proper use. Every
colonel, lieutcnant-colonel,*or major, failing to appear
at such general muster, or court, shall pay forty shil-
lings. Every captain, who shall fail to muster and ex-
ercise his troop or company, four times a year shall pay
twelve shillings for every failure. And every captain
failing to appear at the court martial, or general mus-
1
NOVEMBER 1738_12th GEORGE U. 2I
ter, shrfl pay twenty shillings for every failure. And
tBvery lieutenant whu fails to appear at muster, shall pay
ten shillings ft>r every failui*e. And every cornet, or
ensign, seven shillings and six pence. And e^ery cap-
tain or in his absence, the next commanding officer^
failing to return a list of the persons who shall not«ap-
pear at musters, or shall appear without his arms or ac-
coutrements, shall pay fifty shillings. Every soldier
refosing to servo as a Serjeant, (urporal, drummer, or
trumpeter, being thereto appointed by his captain, shall
pay fifty shillings, or five hundred |M)unds of tobacco,
at his election; but such person shall be fined but once
for such refusal. Every person listed to serve in the
horse, shall pay se\ en shillings and six pence, or seventy
five pounds of tobacco: And every |>erson listed in the
foot, shall pay five shillings, or fifty pounds of tobacco,
at their election, for not ap|>earing At muster, com-
pleatly armed and accoutred; so that no person be fined
above five times a year for such failure. And every
clerk of a court-martial failing to deliver the orders of
the court to the sheriff of the county, within the time
herein before limited, shall forfeit all the salary or al-
lowance for his service, as clerk, for that year.
XI. Provided always f and be it enactedf That eigh- is months
teen months time be given and allowed to each soldier allowed for
to fbmish and provide himself with arms and ainmuni Pi^^^din^
tion, according to this act: And tliatno soldier be fined
for appearing without, or not having the same at his
place of abode, until he hath been listed eighteen months
after the passing of this act. Any thing in this act to
the contrary, or seeming to the contrary, in any wise,
notwithstanding; so as every soldier, during the said
eighteen months, do appear at all musters, with such
arms as he is already furnished with.
XII. And, for encouragement to every soldier to Arms ex-
provide and furnish himself, according to the directi- emptedfrom
ons of this act, and his security to keep his arms and J^^^ *"*^
ammunition, when provided. Be it enacted^ by the an- "^'"^
tharitii aforesaid^ That the furniture, arms and am-
munition, provided and kept, in pursuance of this act,
be free and exempted, at all times, from being impress-
ed upon any account whatsoever; and likewise from
being seised ortaken by any manner of distress, attach-
ment, OP writ of execution. And that every distress,
seisare, or execution, made or served upon any of the
24 LAWS OF VIRGINIA,
premises, be unlawful and void: And that the officer
or person that presumes to make or serve the same, be
liable to the suit of the party grieved; wherein double
damages shall be given, upon a recovery.
Other de- Xlii. ^nd be it further enacted ^ That every pei*son
faults fiuabie. exempted from personal appearance only, failing to
send an able bodird man, or man and horse, as the
case shall be, in his ruom, to be trained and exercised,
shall pay the same fine as is herein before inflicted for
not appearing at musters. And every person ordered
to go to church armed, failing to do his duty tlierein,
shall pay five shillings. And every person ordered to
patrol, and fuilint^ su to do, (to be certified to the court-
martial, by the officer of such patrol,) shall pay ten
shillings, for every failure. And every person going
to, attending at, or returning from muster, shall bepri-
,^_ viioij^cd and exempted from arrests, and being served
with any other process, in any civil action or suit
Exempted xi V. ^nd be it further enacted by the authority afore-
overeeers or ., ^,, ^ .« •' , , •^ 'n l ii
miUerrnotto^^^^> 1 hat if any exempted overseer, or miller, shall
appear at presume to appear at any muster^ or in any muster field
musters. whatsoever, on the day on which such muster shall be
appointed; the party so offending, shall, for every such
offence, forfeit and pay ten shillings, or one hundred
pounds of tubacco; to be assessed upon him by the next
court-martial, upon certificate of the offence to them
made, by the captain* or chief officer, present at such
muster; and levieil, accounted for, and appropriated,
in the same manner, as the other fines ordered by the
court-martial.
siieriiF refu- XV. ^nd be tt further enacted. That if any sheriff"
sing to re- shall revise to receive the orders of any court-martial
ceive the or- offered to him, by virtue of this act, or to collect and
court^mar- ^^^^ ^^^ ^"^ therein mentioned; such sheriff*, upon a
tial. or fail^ motion and complaint thereof made to the county court
ing to ac- or general court, shall be fined, for such refusal, fifty
count. pounds current money: To be appropriated, in the
same manner, as the other fines last mentioned. And if
anv sheriff*, taking upon him such collection, or receiv-
ing the said orders, shall (M to account for, and pay
what he shall have received, by virtue thereof, to the
receiver, to be appointed for that purpose, by the court
martial, deducting ten percent, only for his trouble in
collecting and receiving; upon a motion or complaint
made against him^ by the said receiver, or tlie com*
NOVEMBER 1738— 12th ftEORGE II. 28
mandiog officer of the militia, to the county court, or
geoerai court; such court shall give judgment, and a-
ward execution against him, for the same.
XVI. Jind be it further trmcted. That every com- ^^^^j^^ ^^ ^^
mission officer in the militia, shall, before he acts un- taken by
dcr, or executes any such commission, in the court of commission
his county, take the oaths^ appointed by law4o be taken, officers.
instead of the oaths of allegiance and supremacy, the
abjuration oath, and subscribe the same, with the test:
And that every county lieutenant^ colonel, lieuti^nant-
coionel, major, and captain, at the time of their holding
every court-martial, shall, before they hold the same,
take the following oath; which shall be first taken by
the presidihg officer then present, and by him admin-
istered to the rest of the officers: to wit,
T A. B. do swear. That I will do equal right and jus-
•■• ticc to all en, according to the act of assembly ,/(>r
ike better regulation of the MUHa.
XVII. And be it further enacted^ That the adjutant-
general, for the time being* with one servant, and their "^^^".^^^^1. ^^'
horses, shall be exempted from thepaimentof ferriagi^s fen-y'free.
at all public and other ferries, within this colony: And
that the respective ferry keepers shall give him, and
his servant, and^horses, inin|odiate paRs^ige at ail such
ferries, as in the case of public expre«^s<\s. Any Jaw,
or custom, to the contrary, notwithstanding.
XVHI. And be it furtlier enacted, by the authority
aforesaid, That all and every other act and acts, and ^^^J^.^*^.
every clause and article therein contained. For the set-
tlement and regulation of the JMilitia; or any other mat-
ter or thing, within the purview of this act, shall be,
and is hereby repealed and made void, to all intents
and pur]K)ses' whatsoever.
XIX Provided always, That nothing in this act con-
tained, shall extend, or be construed to extend to the .^^^^^^^J^J^<,^
inhabitants of the city of Williamsburg, so as to oblige ^-j^^m^-
tbera to muster, or serve in the m'litia, out of the said burg.
city: But that such inhaSitants shali be listod and train*
cd, in manner as is directed by one act ot assembly^
made in the ninth year ot the reign of his late majesty
king George the first, intituled, Av Act for enlarging
the Jurisdiction of the Court of Hustings in the City of
12 UiWS OF VIRGINIA.
the allowim. thoaliowances made forcask^or shrinkage^ of all trans*
^*^/^ka?* ^^^ tobacco; and shall exhibit such account, upon oath,
ors rmjuge. ^^ ^^^ court of the county whoi*e such warehouse, or
inspection shall be, ii| the month or September yearly, if
a court be then held; but if not, shall then exhibit such
account to some justice of the said coiinty; and make
oath thereto before him; which said justice shall return
the same to the next succeeding court. And the «aid
ins()ectors having exhibited such account, and made
oath, as aforessid, shall, by public auction, at the court-
door of the said county, on the court day in September
aforesaid, sell all such tobacco as shall be gained or sav-
ed, as aforesaid, for the best price that can be got for the
same in money; and shall account for and pay the said
money to the treasurer ofthis cojony, for tlie time being,
in their next account with him. And the said treasu-
rer shall account for the same to tlie general assembly.
And tliat no inspectors shall, hereafter, convert any
such tobacco to their own use.
And maybe VUl. And, that the inspectors be obliged to make
^a^^^^nsfer ^^^^V hogshead of transfer tobacco by them paid away,
tobacco"in^ ei^ht hundred and fifty pounds pf nett tobacco, if the
hogsheads of notes produced by the party receiving the same, do
85U nett, and amount to SO much, after the allowances for cask and
t^b^co ?h^^ shrinkage are deducted. And that they be also oblig-
same weight. «d» when reqiiired by any person entitled to receive
any hogshead of crop tobacco at their inspection, which
shall be under eight hundred and fifty pound$ nett, to
prize the same, so as to make it up that weiglit; such
pei*son finding the tobacco, and paying the same fee, as
for passing and stamping transfer tobacco. And iYi all
transfer notes which shall hereafter be delivered out,
the inspectors shall distinguish whether the tobacco bo
leaf or stemmed.
An oath to IX. Jnd be it further ejuided^ by the authority afore-
be taken by 3atd, That all insi^ectors, sheriffs, under-sheriffs« and
othTr offi. constables, who shall be in office on the first day of
cers. ' February next, shall, at the first or second court of
their resjiecti vc counties, after tlie said first day of Fe-
bruary, take an oath:
rpHAT if they sliall at any time know, or be credi-
-■- hly informed, or have good grounds to suspect,
that any tobacco is pressed or packed in any cask, chest,
case, or other package whatsoever; or any tobacco is
NOVEMBER 17S8— 12th GEORGE II. 0
put on board any boat or vesself in order to be shipped
offf without being^ inspected; or that any tobacco is
carrying, or carried out of this colony, into Carolina^
or Marylanif without a permit for so doing, they will
forthwith make information, and a particular discovery
thereof, to the next justice of the jieace of the county
where such tobacco shall be.
X. And, that all the said officers re^ectively, which Penalty.
shall hereafter be apiminted, or sworn, into the said of-
ficefi, shall, at the time of their being so sworn, take
the same oath, and obtain a certificate thereof: And
every such officer failing so to do, shall forfeit live
pounds current money, to the informer: To be recov-
ered, with costs, by action of debt, or information, in
any court of record within this dominion. And if any
justice of the peace shall know, or beinformed,as afore- The power
said, by any of the said officers, or by any other per- f^d duty <^
son, upon oath, of any such tobaccos > pressed or pack- office^ to
cdj such justice, or by his warrant, any sheriff, under- prevent the
sheriff, or constable, within the limits of his county, shall exportation
have power, and be obliged, to enter any suspected ed"^*bacco^
house, and to break open all doors, either by night or
by day, to search for the same; and finding any tobac-
co pr^sedin any cask, chest or case, that shall not con-
tain two hundred pounds weight of nett tobacco, or any
other package, made up in linen, cords, or spun-yarn^
of any weiglit whatsoever; such justice, sheriff, under-
sheriff, or constable, respectively, shall seize and de- ^
stroy the same: And the person, in whose possession
such tobacco shall be found, shall forfeit, to tiie infor-
mer, ten shillings current money, for every hundred
pounds weight; and so in proportion, for a less quan-
tity: To be recovered, with costs, in any court of re-
cord, if it be twenty five shillings current money, or
more; or if under that sum, be^ire any justice of the
peace of the county where the fact shall be committed;
and such justice shall issue an execution, either against
the body or goods of the offender accordingly. And if
any action shall be brought against any justice of the
peace, sheriff, under-sheriff, or constable, for doing any
thing in the execution of this act, the defendant may
plead the general issue, and give this act in evidence:
And if the plaintiff shall be fionsuit, or judgment pass
against him, upon a verdict, or demurrer^ the defend-
ant shall recover double costs.
26 LAWS OF VIRGINIA,
possessed of an estate real or personal, of the value of
one hundred pounds sterling.
Challenges V. Provided also. That upon every such trial, the
to be allow- prisoner shall have the benefit of challenges, and all
^ other advantages, whicli, by the laws of this colony, he
would have, or might be entitled to, in case tlie trial
was by a jary of the vicinage.
ome^^T''^ Vi. Jnd be it further enacted by the authority afore^
said, That this act shall continue and be in force, for
the term of four years, from the passing thereof, and
from tlience to the end of the next session of assembly^
and no longer*
CHAP. V.
dn Mtj for continuing and amending an Act, intituled/
An Act, for laying a Duty on Liquors.
Preamble. J. ¥TK/'HEREAS, by one act of assembly made in the
fifth and sixth years of the reign of his present
majesty, intituled. An Act for laying a Duty on Liquors^
a duty of ttiree pence per gallon is laid on certain li-
quors therein mentioned, for the term of four years, to
commenceffrom the last day of July, one thousiind seven
hundred and thirty two; which said act, by one other
act* made in the eighth year of his said majesty's reign,
is continued for the further term of four years, from
the expiration thereof. And whereas, it is found, by
experience, that the said duty is the most easy expedi-
ent for raising a fund, to answer the exigencies oifthe
government, without subjecting the people to a poll
tax:
II. BE it enacted, by the Lieutenant Oovemor, Coun-
5& 6Geo. 2, ^/^ andBurgesses, of this present General Assembly, and
continued. ^ ^^ ^^^^^ enacUd, by the aiithority of the same. That
the said first recited actof assembly, shall continue and
be in force, from and after the last day of July, in the
year of our lord one thousand seven hundred and forty,
for and during the term of four years fi*om thence next
following, and no longer.
III. And whereas, the allowance made by the said
first recited act, for filling and leakage, is not sufficient
to answer the lossess the traders in rum sometimes sus-
tain thereby. Be it further enacted, That after the said
NOVEMBER irS8— 12th GEORGE II. 27
last day of July, in the year last meiitloind, every coU Further al-
lertor of the duties by this, or any former act imposed, i^!j^^ ^^'
shall abate and allow to the person or persons^ ho shall ^^^^^®*
enter any rum and pay the duty for the same, fifteen
Sallons in every hundred, over and above what is alrea-
y directed to be by him allowed, by the said last men-
tioned art. Any thing therein contained to the <on-
trary. or seeming to the contrary, in any wise, not-
withstanding.
IV. Prorvided always. That the said alio wance for j^^^ ^^ g^_
leakage, shall not extend, or be construe:! to extend, to tend to the
the duty of one jienny per gallon, laid up m liquors, appropriated
liy one act of assembly, made in the twelfth year of the ®"® penny,
reign of his late majesty king George the first; to
wliich his majesty has given his royal assent: But that
no greater allowance for leakage, as to the said duty
of one penny shall be allowed, than is provided in the
said act: any thiag in this act, to the contrary, not-
witlistanding:
V. And be it further enacted. That when any liquors
shall be consigned to any person, other than t;>.e mas- oy^neT^roay
ter or owner of the ship or vessel importing tlic same, detain for
every such person, to whom any liquors shall be so con- the duty.
signed, as aforesaid, shall, upon the importation there-
of, pay to the master or owner of the ship or vessel im-
porting thesamoythe duty payable for such liquors, by
this or any other act. And if any person or persons, to
whom su( h liquors shall he consigned, as aforesaid, sliall
refuse or neglect to pay the said duty, or to give bojid,
with secnrity, for the paiment thereof, to the master or
owner of the ship or vessel importing the same, at such
time as the same shall become payable; it shall and
may be lawful, for the master or owner of such ship or
v^sel, to detain such liquors, until the duty shall ho
paid, or secured to be paid, as aforesaid.
VI. Jind be it further enactedf That all liquors im- l;quj,„
ported, on which there is a duty, and transported by seizable.
water from one district to another, and landed or sold,
without producing a proper certificate to the oflScer in-
to whose district the same shall be transported, shall
be liable to be seised and forfeited. And the liquors
so seised and forfeited, shall be appropriated and dis-
posed of, in such manner* as the other forfeitures men-
tioned in the said art, made in the fifth and sixth years
of his said majesty's reign^ are thereby appropriated.
28
LAWS OF VIRGINIA,
CHAP. VI.
Jhi AcU for amending and furlher continuing an Ad
intituled, An Act, for laying a Duty upon Slaves. *
Preamble.
I. TI7HEREAS, the duty upon slaves imported, as
the same is laid, by one act of assembly made
in the fifth and sixth years of his majesty's reign, in-
tituled. An Adf for laying a Duty upon SlaveSf to be
paid by the Buyers; which said act was continued by
one other act, made in theci,i5hth year of his majesty's
reign hatli been found, by experience, to be an easy
expedient for raising a revenue towards the lessening
pf a poll tax, always grievous to the people of this colo-
ny, and is nowaysburtliensometo the traders in slaves.
And whereas, tlie method of collecting the said duty
upon 8laves,prescribed by thesaid first i*ecited art; and
by one other act, made in the tenth year of his majes-
ty's reign, intituled. An Act for laying a Diity npon
Liquors imported by Lamd: and better securing the Duty
upon Slaves; and for other purposes thereih mentioned;
hath proved very inconvenient, and given great oppor-
tunities for frauds: Therefore, for amending and fur-
ther continuing the said fii'st recited act:
Seller of 11. Be it enacted, by the lAeutenant-GoroeTmor, Coun^
^>^wJ!ih/^' ^^^ BurgessesSf of this present General Assembly ^ and
it is hereby enacted by the authority of tlie same. That
every importer of slaves into thiscolony, either by land
or wa^r, for sale, if such importer sliali sell the same
himself^ or if such slaves shall be consigned to any
other person, than the person or persons who shall take
upon him or them, the sale and disposal of such slaves,
shall be, and he, and they, are hereby appointed col-
lector and collectors of the said duty, upon the slaves so
imported and sold by him, or them, respectively. And
upon all other slaves, in case such importation shall be
by water, that shall be imported in the same ship or
vessel, belonging to the master, or other officer, com-
monly called privileged slaves: And every buyer or
purchaser of any slaveor slaves so imported, shall, up-
on the sale and delivery of such slave or slaves, pay
down the duty, mentioned in the said first recited act,
to such collector or collectors; or give his promisory
note, for paimcnt of the same, within forty days after
the time of such sale and delivery. And in case any
ceive the
duty.
r
NOVEMBER irS8— 12th GEORGE II. 29
slave or slaves, for which the duty shall be so paid, or
secured to be paid, as aforesaid, shall happen to die,
within the said furty days, and the buyer or purchaser
shall make oath thereof, before somejusticc of the peace,
it shall and may be lawful for the said collector or col-
lectors; and he and they are hereby impuwered and di-
rected, upon producing and delivering a certificate of
such oath to him or them, to refund and pay back to the
buyer or purchaser, the said duty, if the same shall have
been paid; or deliver up the promisory note given,
for the payment thereof, as the (ftase may be. And if
any importer of slaves, or other person or persons tak-
ing upon him or them the sale and disposal of slaves, as
aforesaid, shall neglect or refuse to receive the said du-
ty; or take notes for the patment thereof, as herein be-
fore is mentioned; every such person and persons shall
be, and is, and are hereby made chargeable with the
paiment of the said duty, in the same manner, as the
buyer or purchaser is made chargeable by the said first
recited act, or by this act.
III. Fravided always, Thatif any importer of slaves, ScUer, not
or other person or persons, taking upon him or them,^^|*;& ^ '"*
the sale and disposal of slaves so importer!, shall notj^^pj^Jto^
be an inhabitant or inhabitants of this colony; in such the naval of-
case, the buyers and purchasers of any slave and slaves ficer.
80 imported, shall pay the duty aforesaid, to the naval
officer of the district where the ship or vessel, in which
such slave shall be imported, shall enter, in case the
same shall be imported by water: And if such slaves
shall be imported by land, then to the naval officer who
shall live nearest to the place where such slaves shall be
sold, in the manner prescribed by the said fii-st recited
act, and the saiu act made in the tenth year of his ma-
jesty's reign; and such naval officer is hereby appoint-
ed collector of the said duty accordingly.
IV. Jind be it further enacted^ by the authority a/ore- Collectors to
saidf That all and every the collector and collectors of account, &c
the duty aforesaid, appointed by this act, shall account
for the said duties, in the same manner, as the collec-
tors of the said duties are directed to account, by the
said first recited act, and the said art, made in the
tenth year of his majesty's reign; and shall have and
receive the salary of six pounds in the hundred: And
such collector or collectors, if lie or they have had the
sale and disposal of any slave or slaves, shall, at the.
go LAWS OF VIRGINIA,
time of such accounting, deliver to the treasurer of the
duties upon liquors and slaves^ upon oath, a true mani-
fest or account of alt the slaves by him or them sold^
tlie name and place of abode of every person buying the
3ame9 the respective prices at which each slave was sold,
and how many of the said slaves; if any, remain then
unsold; and alsn, a true account of the names of such
buyers who have paid the duty, and the sums received
from each pereon respectively, together with a list of
such persons, if any whose promisory notes shall be
then due and unpaid; and shall then deliver to the trea-
surer ail sucli notes as shall be then due, and payable;
and shall have and receive the same salary upon sucb
notes, as if the money was actually paid into the trea-
sury: An<l in case any such note or notes shall remain
unpaidand unsatisfied* after the time in which the same
ought to have been paid and discharged, the person or
pei*sons signing such note or notes, shall foifcit treble
the sum for wliich such note or notes shall he given^
f enalty. And the said penalty shall and may be sued for in the
general court, although the same shall not amount to
ton pounds sterling: and the treasurer of the said duty,
for the time being, shall and may commence and pro-
secute any action, or information, qui tam^ for reco-
very therrof; in which action or informal ion, no act,
or time of limitation shall be bar; and the money re-
covered, shall be accounted for, and paid into the trea-
sury.
May be com- y. Provided always^ That it shall and may be law-
poun e . £^j j.^^ ^^^ treasurer to compound the said penalty,
either before or after action brought.
Former acts ^'* •^^ ^^ it further enacted^ I'hat so much of one
continued, clause of the said first recited act of assembly, that im-
poses a penalty of five pounds upon every buyer of a
slave, who shall not pay the duty, and give an account
of the slave or slaves by him purchased, to the collector
of the said duty according to the directions of the said
act; except as to such buyers who sh^ll purchase any
slave or slaves of any person not being an inhabitant of
this colony, be, and is hereby repealed: but the same,
as to such last mentioned buyers, shall be still in force:
And the said first recited act of assembly, made in the
fifth and sixthyears of|his majesty's reign, and the said
act made in the tenth year of his majesty's reign, so far
as the same concerns the said duty upon slaves, for so
\
{
NOVEMBER 1738— 12tli GEORGE U. ^ ^
much of the said arts as are not repealed or altered by
this act, shall continue, and be in (uvcv, ti'om and after
the first day of July, which shall be in tneyear of our
lord* one thousand seven hundred aud forty, for and
during the term of four years from thence next follow-
ing, and no longer: And that so much of the said acts
as are contrary to an> thing contained in this act^shall
bet and Is hereby repealed, and made void.
CHAP. VII.
An Ady for amending the AcU intituled, An AcU for
making, clearing^ and repairing the Highways; and
far clearing the Bivers and Creeks; and for making
mare effectual 'provision for the keeping MiU-Dams in
good repair.
m
I. Yl^HEREAS, by one act of assembly made in Preamble.
^ the fourth year of the reign of the late queen
Anne, intituled, .^/i Act^ for nwkingf dearing, and re-
pairing the Highways; and for clearing the Rivers and
Creeks; and for making more (ffeciual prortnsion for
the keeping MUL-Dam^ in good repair , the surveyors of
the highways are obliged, with the assistanc^e in the
said act mentioned, to maintain and keep in repair the
public roads in their respective precincts, which were
then, or should thereafter be laid out, pursuant to the
directions of the said act; and to make bridges in all
necessary placets within their said precincts, at least ten
foot broad, and level, and passable, and keep them in
good repair, from time to time, except in such places
where the county courts are obliged to direct the mak-
ing thereof: And although the surveyors are enjoined
to perform those services; yet no power is given them
by the said art, to take wood or timber, to enable them
to do the same; and diVers persons have refused to suf-
fer them to take any wood or timber from off their
lands, for the uses aforesaid:
II. BE it therefore enacted, by Vie Lieutenant-Oover- Timber t#
noTt Council^ and Burgesses^ of this present General As- be valued.
semUyf and it is hereby enacted^ by the authority of the
tome, That from and after the passing this act, it shall
and may be lawful for the surveiors of the highways^
Within their several precincts^ from time to time^ to cut
N
LAWS OF VIRGINIA.
and take fi*oin off the lands of any person next ad-
jacent to the bridge or place, where the same shall be
wanted, such and so much wood and timber only, as
shall be necessary, for the uses aforesaid: Which tim-
ber shall be first viewed and valued by two honest
housekeepers, upon oath, to be appointed and sworn*
by some justice of the peace of the couiity where the
said timber shall bv cut: And that the court of the said
county siiall, in their next county levy, allow the owner
of such timber for the same, at cording to such valuati-
on, if a certificate thereof, from the said two house-
keej[)ei;s, shall be product^d to such court.
111. And whereas, it is directed by the said act. That
if a bridti;e shall ^e wanting over any place, which lies be-
itecital tween two or moiH? counties,thecourt of each county shall
I join in the agtv^ment, for building the same; and shall
have powi^r to lay a county levy, for the paiment therc-
* of, proportionable to the number of tithables in each
county: But there being no penalty inflicted on the
said county courts,fornotdoing their duty therein, the
said act, as to that part thereof, hath in some instances
proved ineffectual:
Necessary A^- ^^ ^^ therforc enacted^ by tlie authority afore-
bridges and Buidf That where bridges and causeways are, or shall
causonays to {^ noccssary, Uiv the conveniency of passing from one
tuecn uflia^ county to another, the charge of making such bridges
cent coiin- a"d causeways, so far as the same shall be wanting^
ties. sliall be borne and defravM, at the joint expence of
both counties, in proportion to the number of tithables
in each ( ounty, ivspectively: And, if the justices of
any county adjoining to such place, over which a bridge
and causeway shall be w anting, and necessary, or over
which any bridge and causeway is already erected, shall
iTfuso to join in an agreement with the justices of the
comity adjoining to the other side of such place, for
the building, re-building,or repairing of any such bridge
or causeway; or to levy their proportion of the charge
thereof, in their county levy, acrording4:o the number
of tithablt\s in such county; the justices of such county
so refusing,^shall forfeit and pay two th«)usand pounds
of tobacco to the justices of the other county, proposing
to enter into sucii agreement: To be recovered, by ac-
tion of debt, or information, in the getieral court; and
to be by them appropriated to the use of their county^
for lessening the levy thereof, by the poll.
.NOVEMBER 17S8— 12th GEORGE II. 33
V. Provided always. That such recovery shall not Penalt3rrc-
be construed to discharge such refusing justices, nor^®^?'*^
the other justices of such county, from the obligation ot
levying and paying such proportion afterwards, in the
levy of their county. An> law, custom, or usage, to
the contrary hci-eof, in any wise, notwithstanding.
VI. And be Ufurtkcr enacted^ by Ike autfunity ajort- Roads clear-
said. That where it sluill b/ necessary and convenient ^^ towards
to make and clear a road in one county, to some public P^^'^^P^
place in another adjacent county, and a road shall be
accordingly madi* and cleared, by order of the justices
of either of the said counties, as far as the county ex-
tends; the justices of ^\ovy such adjacent county shall,
and are hereby i*equired, to cause a convenient road to
be made and cleared through their county, from the
end of the road cleared in the said other county, to such
public place, as aforesaid. Ami if the justict^s of su h
adjacent county shsll fail, or refuse so to do, they shall
forfeit and pay to the justices of the said other county,
two thousand pounds of tobacco: To be re( overed and
appnipriated, in the same manner, as the penalty last
mentioned. And for the ease and convenieucy of tra-
vellers, where several roads meet,
VU. Be it further enacted^ That the courts of the ^^^^^ ^y^
•cveral counties within this colony, shall, before the ^^1 roads
first day of April next, direct and order the surveyors meet.
of the several roads within their county, where two or
more cross roads or highways meet, forthwith to cause
to be erected, in the most convenient place, where such
ways join, a stone or post, with inscriptions thereon, in
large letters, directing to the most noted place, to which
each of the said joining roads leads: And it shall be
lawfiil for the surveyor to take any trees or wood, not
beiogtimber, from any of the lands next adjacent to
such roads, for making and setting up such post: And
the expence such surveyor shall be at, in setting up
such stone or post, and causing inscriptions to be made
thereon, shall be re-imbursed and paid by the county
at the next laying of the county levy, after the service
performed. And if any surveyor shall, by the space of
three months after he shall be served with the order of
the said court, neglect or refuse to cause such stone or
post to be fixed, as aforesaid; every sueh oflTender shall
forfeit and pay the sum of fifteen shillings, for every
month such stone or post shall be wanting: To be ro-
E— Vol. 5.
S4 LAWS OF VIRGINIA.
covered, in the same inaniier, as the penalty for not
keeping the roads or hi,^h\va} s in repair. And every
such surveyor shall, fnmi time to time, as there shall be
occasion, cause the inscriptions on such stone or post
to be renewod, and also, cause a new stone or post
to be fixed, with inscription, as aforesaid, if the same
shall be wanting, under the like jienalty, as for not
keeping the roads or highways in good repair; and to
be recovered, in the same manner. And if t lie justices
i of any county court shall neglect or refuse to direct or
order the surveyors of the several counties,to erect such
stone or post, as aforesaid, according to the directions
of this act; such justices shall forfeit and pay the sum
bf two thousand pounds of tobacco: One moiety to our
sovereign loitl the king, his heirs and successors, for
and towards the support of this government, and the
contingent charges thereof; and the other moiety to
him or them, that will inform, or sue for the same: To
be recovered, with costs, by action of debt, or infor-
mation, in the general court.
Owners and VIII. And, (or the more easy prosecution of owners
occupiers of ^j^^ iiccupiers of mills, to which any publiv^road leads,
"^ ^* who shall not keep their dams in good repair, and of
the breadth prescribed by law: Be it enacted^ That if
any such mill-dam, or the bridge, or passage of the
peer-head, floodgates, or waste, over the same, shall,
after the fii*st day of May next, be of less breadth than
ten feet at top, for the whole length of such dam, bridge,
or passage; the owner or owners, occupier or on upi-
ersof such mill, shajl forfeit and pay twenty shillings
for every offence: To be recovered, with costs, before
any justice of the peace of the county, in which sue h
mill-dam shall be; one half of the said penalty to the
use of the informer; and the other half to the church-
wardens of the parish^ in which such mills shall be, for
the use of the poor of the said parish. And every own-
er or occupier of such mill, shall, before the said first
day of May, cause strong rails to be set up on each side
of such bridge, or passage at the peer-head, flood-
gates, or waste, under the like penalty
Proviso. IX. Prorvided always f That if any such mill-dam,
or the flood gates, or peer-head, belonging to any such
mill, shall happen to he dcstroied or carried away by
violent rains, or other accident; the owner or owners
thcreof,shall not be liable to any of the penalties afore-
NOVEMBER 1738— 12tli GEORGE IL S5
mentioned, until one month after such mill hath ground
at If ast one bushel of corn, or other grain, for toll.
X- ifttd be itfwrtlier enacted^ That so much of one Penalty, i
act of assembly, made in the first year of the reign <^f ^^^1^]^'*
his late majesty king George the first,inituled,.^7i AcU ^^' ^
to oblige owners and occupiers of MUls^ to which public
Hoods shall lead, to make the Dams of such J^EUs ten
feet Toideat top, as inflicts any penalty or forfeiture, for
not keeping mill-dams, according to the directions of
this act, be, and is hereby repealed and made void.
CHAP. VIII.
ng the Act, inti.
cerning Tithables.
•fit Act, for amending the Act, intituled. An Act, con-
cerning Tithables.
I. Vl^HEREAS, the act of assembly made in the Preamble.
*" fourth year of the reign f>f the late queen Anne,
intituled. An Act concerning Tithables, hath not been
found effectual, to oblige persons to list their tithables,
according to the intent and meaning of the said iii*t; it
having been practis('d by some persons, being owners
of plantations in different counties, and parishes, when
they have known, or been appreiiensive, that tlic levies
would run high in one of those counties, or parishes,
by reason of public buildings, or other emergencies, to
remove their tithables, some small time before the ninth
of June, out of the said county, or parish, to some other
plantation in another county , or parish; and afterwards,
in a short time, have caused the same, or other titha-
bles in their room, to return to the county, or parish,
from whence they were so removed: And it hath been
also practised by others, for avoiding the paiment of
their levies, to combine together not to list their titha-
bles, and then covinously to inform, orsue, and obtain
judgments against each other as concealers of titha-
bles, whereby otliers have been prevented from prose-
cuting them for the same, to the great encouragement
of such offenders: For the preventing of which evil
practices, for the future,
II. Be it enacted, by Hie Lieutenant- Chroemor, Conn- TithabUsre-
61 and Burgesses, of this present General Assembly, and moveil.
it is hereby enacted, by the authority of tlie same. That
if aoy master or mistress of a family, or in his or her
24 LAWS OF VIRGINIA,
»
Williamsburgy within the limits thereof* Any thing in
this act) to the contrary^ or seeming to the contrary^
in any wise, notwithstanding*
CHAP. III.
An Jkt, far reviving the Act^ For making more effec-
tual prorvimn against Invasions and Insurrections.
I. ^^HEREASy the act made in the first year of
Pjrewnbc. f? ^^^ reign of his present majesty, intituled
*in Jictf for making more effectual provision against
Invasions and InsurreciionSf which was continued by
two several acts; the one made in the fifth and sixth
years, and the other in the eightli year of his said ma-
jesty, and is now expired, has been found, by experi-
ence, to be very useful:
1 Geo 2 re- ''* ^^ *^ therefore enacfedf hy the Lieutenant-GorDem-
vivedfor ' ^9 CouncU^ and Burgcsses of this present €leneral M-
three years, stmblyf and it IS hereby enacted by the authority of the
same^ That the said first mentioned act shall be, and
is hereby revived, and shall continue and be in force,
from the passing of this act, for the term of three years
next following, and no longer.
CHAP. IV.
An Actifor altering the method of Trial of certain Cri-
minals therein mentioned.
Jfreamble- !• YVHEREAS, by tlie laws now in force. For the
^^ trial of persons committing capital crimes f
twelve freeholders are to be suiiimoned from the county
where the fact is committed» for the trial of every such
criminal: Which method, through tlie great increase
of ofTendei-s, is become yf^ry burthensome and expen-
sive to the public, as well as grievous to many of his
majesty's good subjects, who live in the rrmnte coun-
ties, and are summoned to serve as jury-men at the
said trials. And whereas, most of the folonies, and
other capital offences committed in this colony, are
perpetrated and done by persons who have been con-
victed of felony, or other crimes in Great Britain^ or'
. NOVEMBER 1758— I2th GEORGE It. ^5
ti'dand, and there sentenced to be transported for the
game. And it can be no benefit or advanta^ to such
persons, who are commonly servants, and little known
in the neighbourhood where they live, to have a jury
of the vicinage; but they may be as fairly and impar-
tially tried by a jury of the by-standers:
II. BK t^ therefore- enacted^ by the Lieutenant Oo- D^tvof
remor, CaunciU and Burgesses^ of this present General courts for ex*
Assembly f and it is hereby enactedf by the authority of the amination of
samtf That from and after the fii*st day of February cupitaloffen*
Dext, whetfi any ]terson charged with a capital offence, ®"*
shall be examined before any county couH, or other in-
ferior court in this colony, pursuant to the laws in that
behalf made; such court shall have full power, and are
hereby authorized to enquire, by all such ways and
means as they shall think necessary, whether such per-
son has been convicted in Great-Britain, or Ireland, of
anj felony, or other crime, and there sentenced to be
ti*ansported for the same; and whether the term for
which such person was sentenced to be transported, bo
expired: And if it shall appear to any such court, that
the person so charged with any capital offence, has been
soconvicted, and sentenced to be transported, as afore-
said, and that the term for which such person was so
transported, be not expired; the said court shall cause
their opinion to be entered upon record: And the clerk
of the said court shall and is hereby required to certify
such opinion upon the back of the commitment to the
public goal.
III. ^M be itfurthet enacted by the authority afore- How con
Mid, and it is hereby enacted^ Tliat when any person victs shall be
shall becommitted to the public goal of this colony, for ^«*^-
any capital crime, and there shall be such certificate as
herein before is mentioned, indorsed on the back of the
commitment of such person, the clerk of the general
court shall not issue any writ to summon a jury of the
freeholders of the county where the fact is alledged to
becommitted for the trial of such persons, as hath been
beretof >re used; but such persons shall be tried by^
jury of the by-standers, in the general court, or court
of oyer and terminer, as the case may be. Any law,
usage, or custom, to the contrary, in any wise, not-
withstanding.
IV. Proroided always. That no person shall be quali- ju^rs quali-
fied to be of such jury, unless he be a freeholder, and aed.
D— Vol. 5.
26 LAWS OF VIRGINIA,
possessed of an estate real or personal, of the value of
one hundred pounds sterling.
Challenges V. Provided also. That upon every such trial, the
to be allow- prisoner shall have the benefit of challenges, and ail
^ other advantages, whicli, by the laws of this colony, he
would have, or might be entitled to, in case the trial
was by a jai'y ofthe vicinage.
of'th^^^T''^ Vi. Jnd be it further enacted hy the authority afore*
saidf I'hat this act shall continue and be in force, for
the term of four years, from the passing thereof, and
from tlience to the end of the next session of assembly^
and no longer.
CHAP. V.
An Act J for continuing and amending an Ad, intituled^
An Act, for laying a Duty on Liquors*
Preamble. J. ¥TK/'HEREAS, by one act of assembly made in the
fifth and sixth years ofthe reign of his present
majesty, intituled. An Act for laying a Duty on Liquors f
a duty of three pence per gallon is laid on certain li-
quors therein mentioned, for the term of four years, to
commencejfrom the last day of July, one thousiind seven
hundred and thirty two; which said act, by one other
act* made in the eighth year of his said majesty's reign^
is continued for the further term of four years, from
the expiration thereof. And whereas, it is found, by
experience, that the said duty is the most easy expedi-
ent for raising a fund, to answer the exigencies ofthe
government, without subjecting the people to a poll
tax:
II. BE it enacted, by the Lieutenant Oovemor, Ckmn-
5 & 6 Geo. 2, ^ii^ and Burgesses, of this present General Assembly, and
continued. ^^ ^^ ft^refry enacted, by the authority ofthe same, That
the said first recited actof assembly, shall continue and
be in force, from and after the last day of July, in the
year of our lord one thousand seven hundred and forty,
for and during the term of four years from tlience next
following, and no longer.
III. And whereas, the allowance made by the said
first recited act, for filling and leakage, is not sufficient
to answer thelossess the traders in rum sometimes sus-
tain thereby. Be it further enacted, That after the said
NOVEMBER irS8— 12th GEORGE 11. 27
last day of July, in the year last mentioned, every coU Further al-
lertor of tlie duties by this, or any former act imposed, i^Ii^!^ ^^'
shall abate and allow to the person or persons^ ho shall ^**^^*
enter any rum and pay the duty for the same, fifteen
K lions in every hundred, over and above what is alrea-
^ directed to be by him allowed, by the said last men-
tioned act. Any thing therein contained to the <on-
trary. or seeming to the contrary, in any wise, not-
withstanding.
IV. Praroided alwaySf That the said allowance for j^^^ ^^ ^^
leakage, shall not extend, or be construed to ext«'nd, t> tend to the
the duty of one i)enny per gallon, laid up m liquors, appropriated
by one act of assembly, made in the twelfth year of the ®"^ penny.
reign of his late majesty king George the first; to
wliich his majesty has given his royal assent: But that
no greater allowance for leakage, as to the said duty
of one penny shall be allowed, than is provided in the
said act: any thiag in this act, to the contrary, not-
withstanding:
y. And be it further enadedf That when any liquors
shall be consigned to any person, other than t.ie mas- ^e?may
ter or owner of the ship or vessel importing the same, detain for
every such person, to whom any liquors shall be so con- the duty.
signed, as aforesaid, shall, upon the importation there-
of, pay to the master or owner of the ship or vessel im-
porting the same, the duty payable for such liquors, by
this or any other act. And if any person or persons, to
whom su( h liquors shall he consigned, as aforesaid, sliall
refuse or neglect to pay the said duty, or to give bojid,
with secority, for the paiment thereof, to the master or
owner of the ship or vessel importing the same, at such
time as the same shall become payable; it shall and
may be lawful, for the master or owner of such ship or
vessel, to detain such liquors, until the duty shall bo
paid, or secured to be paid, as aforesaid.
VI. 4^ *^ it further enacted. That all liquors im- ljq„q„
ported, on which there is a duty, and transported by seSable.
water from one district to another, and landed or sold,
without producing a proper ceilificate to the officer in-
to whose district the same shall be transported, shall
be liable to be seised and forfeited. And the liquors
so seised and forfeited, shall be appropriated and dis-
posed of, in such manner* as the other forfeitures men-
tioned in the said art« made in the fifth and sixth years
of his said majesty's reign^ are thereby appropriated.
28 LAWS OF VIRGINIA,
CHAP. VI.
Jin Act, for amending and further continuing an Ad
intituled, An Act, for laying a Duty upon Slaves. '
Preamble, j^ WHEREAS, ^he d«ty upon slaves imported, as
^^ the same is laid, by one act of assembly made
in the fifth and sixth years of his majosty's reign, in-
tituled. An Actf for laying a Duty upon Slaves, to be
paid by the Buyers; which said act was continued by-
one other act, made in the eighth year of his majesty's
reign hath been found, by experience, to be an easy
expedient for Raising a revenue towards the lessening^
qf a poll tax, always grievous to the people of this colo-
ny, and is noways burthensome to the traders in slavrs.
And whereas, the method of collecting the said duty
upon 8laves,prescribed by thesaid first recited art; and
by one other act, made in the tenth year of his majes-
ty's i*eign, intituled. An Act for laying a Duty upon
Liquors imported by Land: and better securing the Duty
upon Slaves; and for other purposes therein mentioned;
hath proved very inconvenient, and given great oppor-
tunities for frauds: Therefore, for amending and fur-
ther continuing the said fii^st recited act:
SeUerof II. Be it enacted, by the Lieutenant' Chrcemor, Coun"
•laves to re- ^ and BurgessesSf qf this present General Assembly, and
duti\ *^ ^ hereby enacted by the authority of the same. That
every importer of slaves into this colony, either by land
or wa^r, for sale, if such importer sliall sell the same
himself; or if such slaves shall be consigned to any
other person, than the person or persons who shall take
upon him or them, the sale and disposal of such slaves,
shall be, and he, and they, arc hereby appointed col-
lector and collectors of the said duty, upon the slaves so
imported and sold by him, or them, respectively. And
upon all other slaves, in case such importation shall be
by water, that shall be imported in the same sliip or
vessel, belonging to the master, or other officer, com-
monly called privileged slaves: And every buyer or
purchaser of any slaveor slaves so imported, shall, up-
on the sale and delivery of such slave or slaves, pay
down the duty, mentioned in the said first recited act,
to such collector or collectors; or give his promisory
note, for paiment of the same, within forty days after
the time of such sale and delivery. And in case any
NOVEMBER 1758— 12th GEORGE U. 29
slave or slaves, for which the duty shall be so paid, or
secured to be paid, as aforesaid, shall happen to die,
within the said forty days, and the buyer or purchaser
shall make oath thereof, before snmejustice of the peace,
it shall and may be lawful for the said collector or col-
lectors; and he and they are hereby impuwered and di-
rected, upon producing and delivering a certificate of
sacii oath to him or them, to refund and pay back to the
buyer or purchaser, the said duty, if the same shall have
been paid; or deliver up the promisory note given,
for the payment thereof, as the 6ase may be. And if
any importer of slaves, or other person or persons tak-
ing upon him or them the sale and disposal of slaves, as
aforesaid, shall neglect or refuse to receive the said du-
ty; or take notes for the paiment thereof, as herein be-
fore is mentioned; every such person and persons shall
be, and is, and are hereby made chargeable with the
paiment of the said duty, in the same manner, as tlie
buyer or purchaser is made chargeable by the said first
recited act, or by this act.
III. Frorvided always, Thatif any importer of slaves, Scjler, not
or other person or persons, taking up<m him or them, j';^j'?K "* *"•
the sale and disposal of slaves so imported, shall not])^ p^V^
be an inhabitant or inhabitants of this colony; in such the naval of-
case, the buyers and purcliasers of any slave and slaves ficer.
so imported, shall pay the duty aforesaid, to the naval
officer of the district where tlie ship or vessel, in which
such slave shall be importeil, sliall enter, in case the
same shall be imported by water: And if such slaves
shall be impoHed by land, then to the naval officer who
shall live nearest to the place vv here such slaves shall be
sold, in the manner prescribed by the said fii*st recited
act, and the sain act made in the tenth year of his ma-
jesty's reign; and such naval officer is hereby appoint-
ed collector of the said duty accordingly.
IV. Jind be it further enacted^ by the authority fl/iw-^- coUectore to
said. That all and every tlie collector and collectors of account, &c.
the duty aforesaid, appointed by this act, shall account
for the said duties, in the same manner, as the collec-
tors of the said duties are directed to account, by the
said fij'st recited act, and the said act, made in the
tenth year of his majesty's reign; and shall have and
receive the salary of six pounds in the hundred: And
such collector or collectors, if he or they have had the
sale and disposal of any slave or slaves, shall, at the.
so
LAWS OF VIRGINIA,
Penalty.
time of such accountings deliver to the treasurer of the
duties upon liquors and slaves^ upon oatli^ a true mani-
fest or account of all the slaves by him or them sold^
the name and place of abode of every person buying the
(Same, the respective prices at which each slave was sold^
and how many of the said slaves; if any, remain then
unsold; and also, a true account of the names of such
buyers \yho have paid the duty, and the sums received
from each person respectively, together with a list of
such persons, if any whose promisory notes shall be
then due and unpaid; and shall then deliver to the trea-
surer all such notes as shall be then due, and payable^
and shall have and receive the same salary upon such
notes, as if the money was actually paid into the trea-
sury: And in case any such note or n»)tes shall remain
unpaid.and unsatisfied, after the time in which the same
ought to have been paid and disrharged, the person or
persons signing such note or notes, shall forfeit treble
the sum for which such note or notes shall be given^
And the said penalty shall and may be sued for in the
general court, although the same shall not amount to
ten pounds stf rling: and the treasuver of the said duty^
for the time being, shall and may commence and pro-
secute any action, or information, qui tow, for reco-
very theivof; in which action or information, no act,
or time of limitation shall be bar; and the money re-
covered, shall be accounted for, and paid into the trea-
sury.
V. Provided alwaysj That it shall and may be law-
ful for the treasurer to compound the said penalty^
either bclbre or after action brought.
Former acts ^'' ^^^ *^ itfufther enacted^ I'hat so much of one
continued, clause of the said first recited act of assembly, that im-
poses a penalty of five pounds upon every buyer of a
slave, who shall not p^y the duty, and give an account
of the slave or slaves by him purchased, to the collector
of the said duty according to the directions of the said
act; except as to such buyers who shfill purchase any
slave or slaves of any person not being an inhabitant of
this colt>ny, be, and is hereby repealed: but the same,
as to such last mentioned buyers, shall l>e still in force;
And the said first recited act of assembly, made in the
fifth and sixthyears of|his majesty's reign, and the said
act made in the tenth year of his majesty's reign, so far
as the same concerns the said duty upon slaves, for so
May be com-
pounded.
NOVEMBER irS8— 12tli GEORGE 11. *^ (ff
much of the said arts as are not repealed or altered by
this act, shall continue, and be in (arcvf fi'om and after
the first day of July, which shall be in tueyear of our
lord, one thousand seven hundi*ed and forty » for and
during tiie term of four years from thence next follow-
ing, and no longer: And that so much of the said acts
as are contrary to an> thing contained in this act^shali
be, and is hereby repealed, and made void.
CHAP. VII.
^ Jictf for amending the AcU intituled. An Jct^ for
nuUnng, cl€aHng9 and repairing the Highways; and
for clearing the Rivers and Creeks; and for making
more ^echud prordsionfor the keeping MiU-Dams in
good repair.
•
L ^l/'HERE AS, by one act of assembly made in Preamble.
^ the fourth year of the reign of the late queen
AnnCy intituled, .^/i Act, for making ^ clearing ^ and re-
pairing the Highways; and for dearing the Rivers and
Creeks; and for making mxrre effectual provision for
the keqftng MilUDams in good repair ^ the surveyors of
the highways are obliged, with the assistance in the
said act mentioned, to maintain and keep in repair the
public roads in their respective precincts, which were
then, or should thereafter be laid out, pursuant to the
directions of the said act; and to make bridges in all
necessary places within their said precincts, at least ten
foot broad, and level, and passable, and keep them in
good repair, from time to time, except in such places
where the county courts are obliged to direct the mak-
ing thereof: And although the surveyors are enjoined
to perform those services; yet no power is given them
by the said art, to take wood or timber, to enable them
to do the same; and diVers persons have refused to suf-
fer them to take any wood or timber from off their
lands, for the uses aforesaid:
U. BE it therefore enacted^ by tlie Lieutenant-Chver^ Timber t#
nor. Council f and Burgesses^ of this present General As- be valued.
temldyf and it is hereby enactedf by the authority of the
samCf That from and after the passing this act, it shall
and may be lawful for the surveiors of the highways,
iRrithin their several precincts^ from time to time^ to cut
N
44 LAWS OF VIRGINIA.
Pounds of Tobacoi.
For recording the age of a servant or slave, ad-
judged in court, 10
For a certificate thereof if required, 8
For a certificate of any person's departure out of
thecounty» 15
For attending a court for examination of criminals
and trial ol slaves, if a court is held for that pur-
pose; to be paid by the county, and repaid by
the i)ublic, isOp
For a copy of a list of titliables taken by a justice
in his precinct, 20
For an ordinary license, and bond, 50
For a copy of the rates of Liquors, 15
For a marriage license, certificate, and bond, 50
For provinj[> rights foj* land, produced atone time,
and belonging to one person, and certificate
thereof, 13
For every search for any thing, if a copy be not •
required, or the rcchrd read, 5
In JictionSf or other Suits.
For every writ, other than such as are herein after
particularly mentioned, 10
For a copy of any such writ, 5
For every writ of execution, or scire fadaSf 15
For a copy there«»f, 8
For recording the i^etiyn thereof, 8
For a writ of attachment, in any action, 15
For recording the return thereof, 15
For an attachment granted by a justice of the
peace, returnable to court, and recording the re-
turn, and puttin<r t)>e same on the docket, SO
For every summons, to summon a garnishee on
siich attachment, 10
For filing every bail bond, orentringthe bail re-
turned, 10
For docketing every cause, except by petition, to
be charged but once, 5
For a copy of the return of any writ, 3
For cntring special bail, 10
For enti'ing security for costs, for persons out of
the country, 10
For eiitring the appearance of the defendant, or
defendants, in any suit, except by jietition, 5
For entring an attorney, for each party, 5
NOVEMBER 1738— 12th GEORGE 11. 45
Pounds of Toba4XOf
For every petition, declaration, or other plead-
ings, except in suits by petition, for debt, deti-
nue, assumpsit, or trover, whether wrote by the
clerk, or not, 10
For a copy of any declaration, special pleading, or
demurrer, 10
For a copy of a plea, if the general issue, 3
For every trial, swearing the jury and witnesses,
filing ail papers, and recording a general verdict, 40
For every trial, where there is a special verdict,
or case agreed, and recording the same, 65
For swearing the witnesses, in eveiy other cause,
where there is no jury, or case agreed, except
by petition, 10
For filing th« papers of each party, in every cause,
except by petition; and where there is a jury,
or c^e agreed, 10
Forarcopy of a special verdict, or case agreed, and
every thing therein set forth; or for making up a
full and complete record, for every thirty words. 1
For entring every judgment, or for a copy thereof, 10
For filing bill, answer, replication, and other plead-
ings, in chancery, for each, 10
For a copy thereof, for every thirty words, 1
For a commission to examine witnesses, 25
For attending, and writing the depositions takeii
therein, if required, 100
The same for attending, and writing depositions taken
against inspectors before justices of the peace.
For entring every decree in chancery, 15
For filing the depositions in any suit for each party, 5
For every deposition taken in court, 10
For a copy of a deposition, 10
For administering an oath in court, not relating to
the trial of any cause there depending, and cer-
tifying the same, 10
For every recognizance in court, 10
For entring the order or orders in any cause in one
court, 15
For entring every order for attendance of witnesses, 1 0
For a copy of any order, 10
For recording the report of a jury in the country^
surveyor, auditor or viewers, 20
For a copy thereof, 20
46 LAWS OF VIRGINIA,
Pounds of Tobacco.
For taxing a bill of costs, and copy thereof, 1 1
For a copy of an account, 10
For entring an appeal and taking bond to prose-
cute it,' 20
For a copy of the bond, lO
For returning an appeal, and security, to the secre-
tary's office, 30
For the copy of the proceedings of the cause
wherein the appeal is granted, for every thirty
words,- X 1
For recording the acknowledgement of satisfacti-
on of a judgment, 10
For entring each order for a witness's attendance;
to be charged to the party, in whose behalf the
witness is summoned, and taxed in the bill of
costs, if such party recover. 10
Fpr a copy thereof; to be taxed and charged in
like manner, 10
For an attachment thereon; to be charged to the par-
ty against whom such attachment shall be issued, 10
For the whole fee chargeable for every petition for
debt, detinue, assumpsit, or ti*over, and all the
proceedings therein, including a copy of the
judgment, and taxing costs if required; except
the respective fees for summoning witnesses,
entring attornics, for every order for continu-
ance, and for issuing execution, where any of
these matters happen. 50
For entring an attorney in sucli petitions; to be
paid by the party by whom such attorney is cm-
ploied, and not to be taxed in the bill of costs, 5
For recording any thing not herein particularly
mentioned, or for a copy thereof, for every thir-
ty words, 1
For reading any order or record, half tlie fee, as
for a copy.
Hule in tax- II. And, if any plaintiff or defendant, or his or her
,ng costs. attorney, shall take out copies of his or her own decla-
ration or pleadings, or of his or her own papers in any
cause, orof any common order made in such cause, the
charge of such copies shall not be allowed in the bill of
costs, although such party recover: And where more
attornies than one, shall be emploied in any cause, on
one side, if such attornies take out more than one copy
NOVEMBER irsft_12th GEORGE IL 47
of any thing necessarily relating to the suit^yet no more
than one copy shall be allowed in the bill of costs, nei-
ther sh^ll the clerk tax any fee in the bill of costs, for
entring any more|than one attorney, although costs shall ^
be adjudged against the adverse party.
Pounds of Tobacco.
For all public services of the clerk, viz. Entring
and issuing co^iies of ordei*s for appointing sur-
veyors of highways, constables, grand-juries,
taking the list of tithablcs, attending orphans
courts, entring guardians accounts, and ail mat-
ters relating tiiereto, binding out poor orphans
and appointing them guai*dians; entring the levy,
and copies thet*eof, and of the list of tithables,
for the collector; and for entring and issuing
the orders for recommending siierifs, and justi-
ces, and for processioning; and other public ser-
vices, for which no particular fee is allowed; to
be levied annually, by the justices, upon the
county, besides cask, 1200
III. And when any person or persons presented by tresent-
ihe grand-jury, or churchwardens, shall be discharged ments.
of any such presentment, the clerk shall charge no fees
for the same, or any matter relating tiiereto; but tlie
«ame shall be deemed to be included in the public ser-
vices: But if the party or parties so presented, shall
be convict; then, in such case, the clerk shall charge
him, her, or them so convict, with all the fees accru-
ing thereon.
IV. And, to the end all persons chargeable with the
paiment of any of the fees afoi*esaid, may certainly T**^* ^\
Inow for what the same are charged. Be it further ^^^^ "
enacted. That none of the fees herein before mentioned,
shall be paiable by any person whatsoever, until there
shall be produced, or ready to be produced, unto the
person owing^ or chargeable with the same, a bill or
account, in writing, containing the particulars of such
fees, signed by the clerk or officer to whom such fees-
shall be due, or by whom the same shall be chargeable,
respectively; in which said hill or account, is and shall
be expressed, in words at length, and in the same man-
ner as the fees aforesaid, are allowed by this act, every
fee, for which any money or tobacco is or shall be de-
manded^
48 LAWS OF VIRGINIA.
Sheriff'! To tlie Sheriff.
*^^*- Founds of Tobacco.
For an arrest^ bondy aiid returny SO
Fop returning a capias 9 non est inventus, 10
For serving a sare facias f 15
For serving any person with an order of courts and
making return thereof^ 15
For pillor}^ing any person^ 20
For putting into the stocks^ 10
For clucking any person, 20
For putting in prison and releasement^ v 20
For serving a subpoena in chancery, 15
For serving a summons upon a petition for debt,
detinue, assumpsit, or trover, 15
For serving a subpoma for a witness, in any cause
in court, except summoned in court, 10
For summoning an appraiser, auditor, viewer, or
witness, to any deed, will or writing, if requir-
ed to be summoned, but not else, 10
For summoning and impannelling a jury, in every
cause wherein a jury shall be sworn, 50
For going to Williamsburg, for a commission of
oyer and terminer, for every mile, besides ferri-
ages; to be paid by the county, and repaid by
the public, 2
The same for returning.
For coming to and attending the general court, with
the venirf, and return of the veyiire facias, the same
as is allowed to a t>emre-man; to be paid by the public.
For summoning the justices of thecounty, and at-
, tending the court of oyer and terminer; or for
the examination of a criminal; to be paid by the
county, and repaid by the public, 200
For the removal of every|prisoner from the coun-
ty goal, to the public goj^l, for every mile; to
be paid, and repaid, as aforesaid, 5
For executing each condemned person, and all fees
incident; to be paid, and repaid, as aftiresaid, 250
For summoning a jury, upon any inquisition, sur- '
vey, writ of dower, or partition, if the jury ap-
jiear, 150
For making a return of a writ of dower, partition,
or in the nature of an ad qiud damnum, 50
For every day's attendance upon a jury, in the
country, after they are sworn, 50
i^OVEMBER 1738— 12th GEORGE IL 49
, ^ Pounds of Tobacco.
For serving a writ of habere facias sdsinam, or
habere facias possesstonenif 50
For serviHg an attachment upon the body, 30
For serving a declaration in ejectment, if against
one tenant, 30
And if against more tenants tiian one, for serving
the declaration on every other tenant, 15
For whipping a servant; to be paid by the owner,
and repaid by such servant, 20
For whipping a free person, by order of court; to be
paid by such person, the same*
For whipping a slate by order of court, to be paid
by the county, and repaid by the public, 20
For serving an execution for any debt due in tobacco,
five per cent, for the first thousand, and two per cent.
for all above one thousand pounds: If due in moneys
five percent. u\}6n the first hundred pounds, and two
per cent, for all above one hundred pounds.
For serving an attachment upon the goods, if sold,
the sanie fee, as for serving an execution, if not
sold, 30
For scrting and returning a general court writ,
summons, or order, where the same is not com-
prehended in any of the foregoing articles, 30
For making proclamation as the law directs, in
proving of wills, or proceeding to outlawry, 20
For selling a servant at public outcry, by order of
court, and all fees incident, 20
For keeping and providing for a debtor in goal,
each day, 10
For keeping and providing for a runaway, or cri-
minal in goal each day; to be paid by the coun-
ty, and repaid by the public, 5
For serving a justices warrant, 10
For summoning a witness before a justice, 5
For all public services of the sheriff, to-wit: At-
tending the orphans courts, courts of claims and
grievances^ impannelling grand juries, publish-
ing writs for election of burgesses, and attend-
ance; serving all public orders of court, and all
other public and county service: To be levied
annually, by the justices, on the county^ besides
<;ask, 1200
6— Vol. 5.
50
LAWS OF VIRGINIA,
Present-
ments.
Coroner's
fees.
V. And when any person or j^ersons presented fify
the grand jury, shall be discharged of such prcsetit-
ment, the sherLff shall charge no fees for the same; but
it shall be deemed to be included in the public servi-
ces: But if the party or parties so presented, shall be
convict; then, in such case, the sheriff shaR charger
him, her, or tliem^ so convict, with all the fees accru-
ing thei-eon.
To the Coroner.
Pounds qf Tobacco^
For taking an inquisition on a dead body; to be
paid out of the deceased's estate, if the same be
sufficient, if not, by the county, 13S
For all other business done by him, the game fees as^
are allowed the sheriff fop tlie like sei-vices.
Constable's
fees.
durreyor'i
fees.
To the Constable.
For serving a warrant, 10
For summoning a witness, 5
For summoning a coroner's jury and witnesses, 50
For putting into the stocks, lo
For w^hipping a servant; to be paid by the owner,
and i*ej)aid by the servant, lO
For serving an exe^jution or attachment, return-
able before a justice, 10
For w hipping a slave; to be paid by the overseer,
if the slave is under an overseer;, if not, by the
master^ one sfa il I i ng, or • 1 d
To the Surveyor.
For every survey by him made, plainly bounded
as the law directs; and for a plat of such survey,
after the delivery of such plat, whei^ the survey
shall not exceed one thousand acre^s of land, 500
And for every one hundred acres contained in one
survey, and above the first thousand, 50
For surveying a lot in town, so
And where the surveyor shall be stopped or hin-
dered from finishing a survey by him begun; to
be paid by the party who i*cquircd the survey to
be made, 250
For running every dividing line between partie>s, 250
For surveying an acre of land for a mill, lOO
For every survey of land formerly patented, and which-
JSOYEMBEft 173«^12th GEORGE If. 5£
«liadl be required to be re-surveied, aiid for a plat thereof^
delivered as aforsaid^ the same fee as for land not before
sqrveied. And where a survey shall be made, of any
lands which are to be added to other lands, in an in-
clusive paten tf the ^sarveior shall not be paid a second
fee for the land first surveied^ but shall only receiv<^
what the survey of the additional lands shall amount to.
And where any surveif>r shall have actually made sur-
veys of several parcels of land adjoining;* and de-
livered several plats, if the party shall desire one in-
clusive plat thereof, tlie surveior shall make out such
plat for ten shilling.
VI.. Froroided alwayst and be it enacted^ That were Land astipw
any person shall employ a surveior, and shall have re- ^^'
cejvcil a plat of tJie Jamis surveied, and afterwards
shall assigjri the land to any other, eitlier before or after
obtaining a patent for the same^ if such person, for
whom Uie land was JSrst surveied, shall not have paid
for the said survey, it shall and may be lawful, for the
sheriff of any county, wherein such assignee shall re-
side at the instance of such surveior, to make distress
upon the slaves, goods and chattels of h(k:Ii assignee, in
like manner, as is herein after provided, for siirveiors,
or other officers fees, refused or delayed to be paid.
VII. ^nd be it further enacted, Th^t the clerk of the xabics of
secretary's office shall cause to be set up, in some public fees to be
place in that office, and there constantly kept, a fail* ta- setup.
ble of the secretary's fees, herein before mentioned;
on pain of forfeiting two thousand pounds of tobacco,
for every general court day^ the said table shall be
missing, through his neglect. And that the clerk of
every county court shall, in like manner, set up a fair
table of all the other fees, herein before mentioned^ in
the court-house of his county; to be there constantly
kept, on pain of forfeiting one thousand pounds of to-
bacco, foi every court day the same shall be missing,
thr(»ugh his neglect. Both which penalties shall be to
the person or persons who shall iniform or sue for the
same; and shall or may be recovered in any court of
record, within this dominion, by action of debt, or in-
formation.
VIU. And that if any officer whatsoever, hath here- Penalty for
tofore taken any greater fee, than was by the laws then p^ercharf-
in force allowed, or hereafter shall claim, charge, de- *"^*
maiidy exact, or take any more or greater fees for any
50
LAWS OF VIRGINIA,
Present-
ments.
Coroner's
fees.
. V. And when any person or j^ersons presented hy
the grand jury^ shall be discharged of surh present-
monty the sherLff shall charge no fees for the same; but
it shall be deemed to be included in the public servi-
ces: But if the party or parties so pi'esented, shall be
convict; then^ in such case, the 3heriif shaR charge
him, her, or them^ so convict^ with all the fees accru-
ing thereon.
To the Coroner.
Pounds qf Tobacco.
For taking an inquisition on a dead body; to be
paid out of the deceased's estate, if the same be
suificient, if not, by the county, 13S
For all other business done by him, the same fees a&
are allowed the sheriff for the like services.
Constable's
fees.
iJurreyor'i
fees.
To the Cofistable.
For serving a warrant, 10
For summoning a witness, 5
For summoning a coroner's jury and witnesses, 50
For i)utting into the stocks, 10
For whipping a servant; to be paid by the owner,
and repaid by the servant, 10
For serving an execution or attachment, return-
able before a justice, 10
For whipping a slave; to be paid by the overseer,
if the slave is under an overseer;, if not, by the
master^ one shilling, or ' 10
To the Surveyor.
For every survey by him made, plainly bounded
as the law directs; and for a plat of such survey,
after the delivery of such plat, where the survey
shall not exceed one thousand acres of land, 500
And for every one hundred acres contained in one
survey, and above the first thousand, 30
For surveying a lot in town, 20
And where the surveyor shall be stopped or hin-
dered from finishing a survey by him begun; to
be paid by the party who required the survey to
be made, 250
For running every dividing line between parties, 250
For surveying an acre of land for a mill, lOO
For every survey of land formerly patented, and which-
JMOYEMBEa irSB-^iath GEORGE If. 5^
«hall be required to be re surveied, aiid for a pi at thereof,
delivered as aforsaid, the same fee as for land not before
sqrveied. And where a survey shall be made, of any
lands which are to be added to other lands, in an in-
clusive patent, the .surveior shall not be paid a second
fee for the land first surveied^ but shall only receiv<^
what the survey of the additional lands shall amount ta.
And where any surveior shall have actually made sur-
veys of several parcels of land adjoiiiing, and de-
livered several plats, if the party shall desii-e one in-
clusive plat thereof, the surveior shall make out such
plat for ten shillings.
VI. Prorcided always^ mid be it eimciedf That were Land assign.
any person shall employ a surveior, and shall have re- cd.
ceivcil a plat of tJie Jands surveied, and afterwards
shall assigji the land to any other, eitli^er bejfore or after
obtaining a patent for the same; if such peraon, for
whom the land was JSrst surveied, shall not havq paid
for the said survey, it shall and may be lawful, for the
sheriff of any county, wherein such assignee shall re-
side at the instance of such surveior, tt) make distress
upon the slaves, goods and chattels of H(K:h assignee, in
like manner, as is herein after provided, for surveiors,
or other officers fees, refused or delayed to be paid.
VII. ^nd be it further enacted, Th^t the clerk of the Tables of
secretary's office shall cause to be set up, in son;ie ptibiic fees to be
place in that office, and there constantly kept, a fair ta- setup.
bic of the secretary's fees, herein before mentioned;
on pain of forfeiting two thousand pounds of tobacco,
for every general court day, the said tabic shall be
missing, through his neglect. And that the clerk of
every county court shall, in like manner, set up a fair
table of all the other fees, herein before mentioned, in
the court-house of his county; to be there constantly
kept, on pain of forfeiting one thousand pounds of tOr
bacco, foi every court day the same shall be missing,
thrdUgh his neglect. Both which penalties shall be to
the person or persons who shall inform or sue for the
same; and shall or may be recovered in any court of
record, within this dominion, by action of debt, or in-
formation.
VIII. And that if any officer whatsoever, hath here- Penalty for
tofore taken any greater fee, than was by the laws then pverchMrg*
ia force allowed, or hereafter shall claim, charge, de- *"^'
maiidy exacts or take any more or greater fees for any
52 LAWS OF VIRGINIA,
writing, or other business by bim done, witliin t\m
purview of this act, than herein before set down, and
ascertained; or if any officer shall charge, or demand
and take any of the fees herein before mentioned,
where the business for which sucli fees arc chargeable,
shall not have been actually done and performed, to be
proved by the fee book of such office, upon his corpo-
ral oath; such officer, for every such offence, shall for-
feit and pay to the party injured, besides such fee or
fees, two hundred pounds of tobacco for every particu-
lar article or fee so unjustly charged, or demanded, or
taken: To be recovered, with costs, in any court of
record within this dominion, by action of debt, or in-
formation; provided the same be sued for, within
twelve months after the offence shall be committed.
Proviso. ' IX. Provided always^ That nothing hei'ein contain-
ed, shall be construed to inflict any penalty on any of
the said officers, for demanding and taking the fees re-
spectively allowed to be taken by them, by one act of
assembly made in the tenth year of his majesty^s reign,
intituled, An act^ for the better regulating and coUccU
ing certain officers fees; and for other purposes therein
mentioned; at any time before the publication of this
act, for which two months after the commencement
thereof, is hereby allowed.
X. And for the better collecting the said tobacco fees,
ts f ^^'^fi'^^^f^^ enacted. That the clerk of the secretary's
fees*to be'de- office, and of every county court respectively, and every
livtred to Surveyor, shall, annually, before the twentieth day of
thesheriils. January, deliver, or cause to be delivered, to the she-
riff of every county in this colony, respectively; their
accounts of fees duo from any person or persons i-o-
siding therein, wh'uli shall be signed by the clerks or
surveiors respectively; and the saidsheriff is hereby re-
quired and impovveiTd to receive such accounts; and
to collect, levy, and receive the several quantities of
tobacco therein chargedof the persons chargeable there-
with: And if such jierson or persons, after the said
fees shall be so demanded, shall refuse or delay to pay
the same, 'til ai'ter the tenth day of April, in any year,
the sheriff of that county, wherein such person inhabits,
or of thr county in whicli such fees became due, shall
have full power, and is hereby I'equired to make dis-
tress and sale of the slaves, or goods and chattels of the
party so refusing or delaying paiment> either in that
NOVEMBER 1738— 12th GEORGE IL 58
coanty where sucli person inhabits, or where the said
fees became due: And the slieriflf of any county, for all
fees which shall remain duo and unpaid after the said
tenth day of April, in any year, either to himself, or
the sheriff of another county, which shall be put into
his hands to collect, as aforesaid, is hereby authorised
and im powered to make distress and sale of goods and
chattels of the party refusing or delaying paiment, in
the same manner, as for other fees due to any of the
officers herein before mentioned. But no action, suit^
petition, or warranty from a justice, shall be had or
maintained for seci-etary^s, county court clerks, or
SHrreyor's fees; unless the sheriff shall return, that
the person owing, or chargeable with such fees,
hath not sufficient, within his bailiwick, whereon to
make distress; except where the clerk, or other offi-
cer aforesaid, shall have lost his fee book, by fire, or
other misfortune, so that he be hindered from putting
his fees into the sheriff's hands to collect; and in that
case, any suit or warrant may be had and maintained
for the recovery thereof. And if any sheriff shall be
sued for any thing by him done, in pursuance of this
act, he may plead the general issue, and give this act
in evidence.
XI. That the sheriff of every couhty shall, upon or gheryrs to
be^re the last day of May, in every year, account with account.
the secretary, or his agent, and the clerk of the respec-
tive county courts, and tlie respective surveyors, for
all fees put into his hands, pursuant to this act, and pay
the same, abating six per cent, for collecting: And the
secretary is hereby required to appoint an agent in eve- .
ry county, to receive the sheriff's account, and all to-
bacco due to him. And if any sheriff shall refuse to ac-
count, or pay the whole account of fees put into bis
bands, after the deductions, aforesaid, are made, toge«
ther with an allowance of what is charged to persons
not dwelling or having no visible estate in his county,
it shall and may be lawful for the secretary, or clerk,
or surveyor, upon a motion made in the next succeed-
ing general court, or in the court of the county of such
sheriff, to demand judgment against such sheriff, for
all fees wherewith he shall be chargeable, by virtue of
this act; and such court is hereby authorised and re-
quired to give judgment accordingly, and to award ex-
ecution thereupon; provided the sheriff have ten days
previous notice of such motion.
54
Attornejr's
fee to be
In force for
four years>
lie.
LAWS OF VIRGINIA,
XII. JSlnd be. it further enactedf That the respective
county courts, in every cause, except where the same
shall be brought by petition, where the plaintiff shall
recover, or be nonsuit; or where his suit shall be dis-
missed, shall allow in the bill of costs fifteen shillings,
or one hundred and fifty pounds of tobacco, for an at-
torney's fee, if the party emploied one; except against
exec utors or administrators, or where the plaintiff may
not recover more costs than damages.
XIII. Jind be it further etuicted. That this act shall
continue and be in force from the end of this session of
assembly, and remain in force four years, and from
tlience to the end of the next session of assembly; and
shall be deemed a public act.
CHAP. XI.
^n Jet for licensing Pedlars; and preventing frauds
in the duties upon Skins and Furs.
I. Y1/*HERBAS divers vagrant and idle people are
Preamble. frequently found travelling about the country,
undet* the name of pedlars; and great frauds and abuses
are committed and carried on by such persons, particu-
larly in the exportation of skins and furs, without pay-
ing duty, For remedy whereof:
Pedlars to be '^' ^^ *^ enacted^ by the lAeutenani Governor 9 Ctrnn-
Ucensed. cUf ^^d, BurgesseSf of this present General Assembly, and
it is hereby enacted, by the authority of the same. That
« from and after the first day of May next, it shall not
be lawful for any pedlar, or otlier person, going from
place to place, or to other mens houses, and carrying
to sell, or exposing to sale, any goods, wares, or mer-
chandizes; to sell or dispose of, by way of barter or
exchange, or in any other manner, any such goods,
wares, or merchandizes, without a license for so do-
ing, to be obtained in the following manner, that is to
say: If such pedlar, or other person, be an inhabitant
of this colony, sucii license shall be granted by the court
of the county where his habitation or usual place of re-
sidence is: And if he be an inhabitant of another coun-
try, such license shall be granted by the court of that
county into which such pedlar, or other person shall first
come, upon his arrival into this colony: Which license.
m^
NOVEMBER 173B— 12th GEORGE 11. 55
the said county courts are hereby respectively impow-
ered to grant, or refuse, at their discretion. And eve-
ry license so granted, shall be signed by the clerk of
the court granting the same.
III. Provided alwaysf That no such license shall be The manner
granteil for a longer term than one year at a time: And of obtaining
that the person to whom the same is granted, shall first ^^*
enter into bond, with one good and sufficient security,
to our sovereign lonl the king, his heirs and successors,
in the penalty of twenty pounds, with condition, that "^
he will not export, or cause to be exported, with his
privity or knowledge, any skins or furs, eitlier by land
or water, without first paying the duties imposed on
such skins and furs, by one act of assembly, made in §
the fourth year of the reign of the late queen Anne: •■
Which said bond shall be lodged in the clerk's office
of the county where the same shall be given.
IV. Provided idsOf That before any such license ^he fees for
dial! be granted, there shall be paid down, by the per- the same.
fion desiring the same, the sum of ten shillings for the
use of the governor, or commander in chief of this colo-
ny, for the time being; and the further sum of five
shUKngs to the clerk, for writing the bond and'license
aforesaid, and no other fee whatsoever. And for en-
conning prosecationsforthebreach of any such bond.
V. Be it fkirther enacted, That one moiety of the Penalty ap^
penalty shall be to the use of his majesty, his heirs and pw>pnated.
successors, for the better support of the college of Wil-
liam and Mary, in Virginia; and the other moiety to
anypersmi or persons that will make information of any
fiuch breach: To be recovered in the name of his ma-
jesty, bis heirs and successors, by action of debt, in
any court of record within this dominion. And that lists of
the clerk of every county court shall, in the months of bonds, &c»
April, and October, yearly, transmit to the secretary's ^^®^^"^'
office, a list of all bonds entered into, in pursuance of
tiiis act; and of all recoveries or judgments had or
given on seisures, or for breach of such bonds, if any
shall happen to be.
VI. Jindhe it farther enacted, by the authority afore- Penalty on
said. That if any pedlar, or other person, as aforesaid, trading with-
after the said first day of May, be found travelling and ^^ ^^^^'
trading, without such license, as herein before is men-
tioned; snch person shall forfeit and pay, for every
several dealing or trading, the sum of twenty shillings.
^^6 LAWS OF VIRGINIA.
to the use of the informer: To be recovered with costs/
before any justice of the peace of this colony. And in
case such person, after conviction* shall refuse or de-
lay to make present paiment of tlie said penalty and
costs, either in money, or ^oods, to the value, in the
judj^ment of the justice before whom the conviction
«hall be; it shall and may be lawful for such justice to
order the person so convicted, twenty lashes on his bare
back, well laid on: And he shall be from thenceforth dis-
charged from the paiment of the said penalty, for that
time. And in case any pedlar, or other person, tra-
ding as aforesaid, upon demand made by any inhabi-
tant of this colony, shall refuse to produce and shew
0 his license, the person so refusing, shall, for every such
^ refusal, forfeit and pay five shillings to the informer:
To be recovered before any justice of the peace.
CoUectors to VII. And be it further enacted by the authority afore^
be appoint- ^^^^^ That the governor 4)r commander in chief of this
^ ' colony, for the time being, with the advice of the coun-
cil,shall and may appointoneormorecollectoror collec-
tors of the duties upon skins and furs, exported by land^
who shall reside near the frontiers of this colony; which
collectors shall have and be allowed a salary of ten in
the hundred, for receiving the said duties; and shall
account for the same, in such manner as other collec-
Skins and ^^^ ^^ ^^^ ^**^ duties are obliged to account And ia
fan may be ^'^^^ ^^y pcdlar, or other person, shall be found travel,-
seized. ling towards any other of his majesty's colonies with
any skins or furs, beyond the place where such collector
or collectors usually reside; audi upon demand made
by any inhabitant of this colony, shall refuse to produce
, and shew a certificate, that the duties of the said skins
and furs have been paid, such skins and furs shall and
may be seised by any person or persons; and the per-
son or persons seising the same, shall immediately
carry them to the next justice of the peace, who is
hereby impowered and required to receive the same.
And in case the ow ner or proprietor of the said skins
and furs, shall not, within two months after such seis-
ure, makesuflicientproof before such justice, or before
the court of the county where such soisure shall be
made, that he has paid the duties for such skins and
furs; the same are hereby declared to be forfeited, and
shall and may be sold; by order of the said county courts
to the highest bidder: And one half the money arising
NOVEMBER irS8— 12th GEORGE II. 57
ty such sale, after charges deducted, shall be to the
use of his nugesty, his heirs and successors, for and to-
wards the better support of the said college of William
and Mary: and the other half to the person who shall
seise the same. And in case the owner or proprietor
of such skins or furs, as aforesaid, shall >^ithin the
time aforesaid, make due proof, before the said jilsticey
or court, that the duties for the same have been duly
paid; the said justice shall, and is hei*eby required to
deliver back the said skins and furs to the said owner
or proprietor, upon paying down the sum often shil-
lings to the person who shall seise the same, as afore-
said.
VIII. Provided nrverthdess, That nothing in this Not ^o ex-
act contained, shall extend, or be construed to extend, ^^^ ^ j^^'^f
to any inhabitant of this colony, trading only in beef or or pork.
pork, or candying any goods or commodities of the
growth or manufacture of this colony, to any place or
^aces, for selling the ^ame: But that every such in-
habitant may carry and sell such goods or commodities,
in the same manner as he might have done, if this act
had never been made.
CHAP. XII.
Jn Act, to encourage Settlements on the Southern Boun-
dary of this Colony.
I. Ti^HEREAS the lands lying upon Ri>anoke ri-
" ver, on the soutlicrn boundary of this colony. Preamble.
are for the most part unseated and uncultivated; and
a considerable number of persons, as well of his ma-
jesty's natural born subjects, as foreign protestants, are
willing to import themselves, with their families, and
effects, and to settle upon the said lands, in case they
can have suitable encouragement for their so doing:
And wliereas the settling that part of the country, wUl
add to the strength and security of the colony in gene-
ral, and be a means of augmenting his majesty's reve-
nues of quit-rents: therefore^ for encouraging the said
intended settlement,
II. BE it enacted by the Lieutenant Governor, Conn* Exemption
eil, and Burgesses, oj this present General Assembly, and from levies.
it is hereby enacted, by the authority of the same, That
H— Vol. 5.
58 LAWS OF VIRGINIA,
all and every person and persons whatsoever, who|
Avirhin ten years next after the passing this sirt, shall
import themselves into this colony, and settle upon
Roanoke river aforesaid^ on the south hranch of the
same, ahovc tl'e fork thereof; and on the north hranch
of the said river, ahovc the mouth of little Roanoke,
otherwise called Licking Hole; including all the lands
on all the said hrnnches, and the lands lying between
them, now deemed to he in tho county of Brunswick,
and parish of St, Andrew, shall he exempted from the
paiment of puhlic, county, and parish levies, until the
inmoirey.fiTc. ^^P'**^^***" of the said ten years; and be at liberty, at
ail times hereafter, to pay and discharge all officers fee^
wherewith they shall be chargeable, in current money,
at the rate of three farthings per pound for tobacco,
without any deduction: And at all times, after the ex-
piration of that time, shall be at liberty, to pay andtlis-
charge their public, county, and parish levies in cur-
rent money, at the same rate,
Lettersofnt- I^L Jlnd he it further enacted by the authority afore-
turalization said. That it shall and may be lawful, for the governor,
may be gran- ^p commander in chief of this colony, for the time be-
ingftograntlettersofnaturalization to any alien settling
there, as aforesaid, upon a certificate from the clei*k of
any county court,ofhis or her having taken the oaths ap-
pointed by act of parliament to be taken, instead of the
oaths of allegiance and supremacy; and taken and sub-
scribed the oath of abjuration, and subscribed the test
in like manner, as he may do, upon taking and subscnb-
ing the same before himself. Any law, usage, or cus-
tom, to the contrary, notwithstanding,
^^'rtd* *^' Provided always^ That the persons so settling
suppo e . ^^^y^^^ ^jj^, lands herein before mentioned, shall, during
the said ten years, support their own poor; and make
and maintain their own roads and bridges, without any
charge upon the rest of the said parish of St, Andrew,
^nd countN of Ilnmswick; and shall not, during that
time, be entitled to any reward for killing of wolves.
NOVEMBER 1758— 12tli GEORGE II, 59
CHAP. XIIL
.in Actf declaring the Law concerning Attachments:
and altering tfie Court DaySf in the Connfies of Acco-
macky and AmiDlia.
I. T17"HEREAS, by one clause of an act of assein-
"^ bljr made in the nintli year of the late queen Prewnblc.
Annet intituleil, An Act, for establishing Cmmt^
Courts; and regidating and settling their proceeding^
therein; it was enacted^, That it should and mig;ht be
lawful^ for any justice of the peace, upon complaint
made to him by any person, that his debtor was remov-
ing himself privately, or absconded and concealed him-
self, 80 that the ordinary process at law could not be
served against him, to grant an attachment against the
estate of such debtor, or for so much thereof, as should
be of value sullicient to satisfy the debt of the party
praying such attachment, returnable to the next county
court: But sometimes, from a misconstruction of W\6
said clause, it was judged not to extend to any debts
due or owing from any person or pers')ns to the person
so absconding, or concealed) but tlr.t in such cases,
bills in chancery should be exhibited, for recovery of
the same, which must necessarily be attended with
great expense and delay, and different opinirmsattimes,
have prevailed in many county courts of this colony,
touching the same. For prevention whereof, for the
future:
\\. Be it enacted, by the Lieutenant- Goroernor 9 Coun- Attachments
cU and Burgesses, of tfiis present General Assembly, and bow to [ht
it is hereby enacted, by the authority of the same. That e^^^^^d.
when any person shall obtain any attachment for debt,
returnable^ as aforesaid, directed to the sheriff, op
Other proper offiter of the county; that it shall and
may be lawful, for such sheriff, or other proper officer,
to levy the same in the hands of any person or persoife
indebted to the person so absconding, to and for the use
of the person complaining, as he might or could have
done, on any other part of his estate: And the sheriff,
or other officer,* shall summon such garnishee or gar-
nishees to appear at the next court to be held for the
said county, there to testify, on oath, what he or she is
indebted unto such person: And it shall and may be
lawful, for such county court, in all such cases, upoji
00
Court days
idtered.
LAWS OF VIRGINIA.
examination, ap aforesaid, without other process* to
enter up judgment, and award execution thereupon, fo^
the complainant, against all and every such garnishee
and garnishees, for all such sums of money or tobacco,
that shall appear to them, to be justly, and banajide^
due from him or them, to the person absconding, or
concealed; or for so much thereof, as shall be of value
isuiticient to satisfy the just debt and costs of the com-
plainant* Any law, custom, or usage, to the contrary,
or seeming to the contrary, in any wise, notwithstand-
ing.
III. And whereas the cour|; days of the counties of
Accomack, and Amelia, as they are now settled, are
found to be inconvenient. Be it further enacted, by the
authority aforesaid. That from and after the twenty
fifth day of March next, the court of the said county of
Accomack shall be held on the last Tuesday, and the
court of the said county of Amelia on the third Friday
in every month. Any law, custom, or usage, to the
contrary thei*eof, notwithstanding.
CHAP. XIV.
•In Jlct, far the better preservatUm of the breed of Deer;
and preventing wdawful Hunting.
Preamble. '• TITHEREAS the laws heretofore made. For
?▼ preserving the breed of Deer, have not had
the dosired effect, many disorderly persons making a
practiceof killing them merely for the sake of the skins,
whilst they are feedingon the moss growingonthe rocks
in the rivers, leaving the flesh to rot; whereby wolves,
and other noxious beasts, are brought down among
the storks of cattle, hogs, and sheep, of the upper in-
habitants, to their great annoyance and damage. And
whereas the keeping of hounds going at large, is found
destructive to the breed of deer, by killing not only the
does, while they are big with young, but also the fawns,
after the> are fallen. And it is also found, by experi-
ence, that the making large circles, and setting the
same on fire, round the coverts where the deer usually
lodge, commonly called fire-hunting, is not only de-
structive to the breed of deer, but also to the young
NOVEMBER irS8— 12th GEORGE II. g^
timber, and food of the cattle. For remedy of which
mischiefs:
IL Beit enacted, by the Ideutenant-GoroemoTf Caun- Tjme limit-
cU and Burgesses, of this present General Assembly, and f^^^e^
it is hereby enacted, by the authority of the same. That
from auti after the passing of this act, it shall not be
lawful for any person whatsoever, to hunt^shoot or kill,
any bark, between the first day of December, and the
last day of July, which shall be in any year; nor to
hunt, shoot, or kill, any doe or fawn, between the first
day of January, and the last day of September, in any
year. And if any person whatsoever shall presume to
hunt, shoot, or kill, or destroy, any such bucks, doe,
or fawn, running wild in the woods, within the times
herein before respectively limitted; or shall buy or i*e-
ceive the sa^ne of any Indian, or other person; every
such person so offending stjt II forfeit and pay the sum
of twenty shillings curi*ent money, for every buck, doe,
or fawn, so killed, bought, or received; recoverable
before any justice of the peace in the county where such
efience shall be committed, upon conviction, by the
oath of one sufficient witness, or on confession of the
party. And if any servant or slave, b} command of his
or her master, mistress, or overseer, shall, so hunt,
shoot, or kill, or buy or receive any deer so killed; the
party giving such command, shall be liable to the like
penidties respectively: And if such servant or slave
cannot prove such command, he or they shall receive,
by order of such justice of the peace, for every such
offence, twenty lashes on his bare back, well laid on;
unless security be given for payment ot the fine within
six months after such conviction.
III. Provided always. That it shall and may be law-
ful, to and for any freeholder or house keeper to kill Proviso.
any kind of deer in hia com fields, or other inclosed
grounds, where wheat, peas, or other grain is growing,
ovithout being liable to any penalty for so doing.
IV. Frorcided also. That nothing in this act contain- May be kill-
ed, shall extend^ or be construed to extend to any per- edfor neces-
son living, or being upon the frontiers of this colony, *"^ *^*^
who shall kill any deer for food, for the necessary sub-
sistence of himself or family; so as such person do not
Bell or dispose of the skin of any deer so killed: And in
case any person shall be prosecuted for killing deer
within the time prohibited by tliis act, and such person
62
LAWS OP VIRGINIA,
iPenalty on
buying^ red
•kms.
Constables
-may search
for them.
Hounds not
to run at
Urge.
Penalty for
fire-hunting.
No person
to hunt on
another's
land.
shall alledge, that he killed 'such deer tor food, for the
necessary Bubsistence of himself or family, the onus
probandi shall lie on the person so prosecuted.
V. And be it further enactedf by the authority afore-;'
said. That it' any person whatsoever shall buy or re-
cciveinto his or her house, any deerskin or skins, which
shall have been killed within the time herein before
limited, and are commonly called or known by the
name of red skins; he or she so offending, and beings
thereof lawfully convicted before a justice of the peace^
in manner aforesaid, shall forfeit and pay ten shillings
current money, for every skin so bought or received.
And for the further preventing the buying and receiv-
ing such red skins,
VL Be it enacted, by the authority aforesaid. That
every constable, within this dominion, shall have full
power and authority, by yVr'tue of this act, to search in
all suspected places, for all red skins of any deer killed^
contrary to the directions hercjof, and to bring the same
before some justice of the peace of the county where the
offender resides: And if such offender shall not make
proof, that such skin was taken from a deer killed with-
in his or her inclosed grounds, tended, as afoi^said;
such justice shall immediately give judgment against
tho (iffiMider, for the penalty afoi'esaid.
VIL And be it further enacted by the authority afore*
said, That it shtill not be lawful, for any person to
keep any beagles or hounds running at large; but such
beagl6s or hounds shall be constantly kept in kennelst
or couples, or with clogs, except at such times- as they
are used in hunting, by the owner or his servants, un-
der the penalty of live .shillings, for every beagle or
iiouud, so going at large,
VI II. And be it further enacted, by the authority afore-
said. That whosoever shall, hereafter, use any fire-
hunting, or the killingof any deer by such means on any
))atented land; every person present at such fire hunt-
ing, shall forfeit and pay twenty shillings for every such
offence: And if any Indian be found fire-hunting, as
aforesaid, it shall and may be lawful, for the owner of
sucli land, or his or her overse-cr, to take away the gun
of such Indian, and the same to keep to his own use.'
IX. And be it further enacted, by the authority qfore^
said. That ifany person shall presume to hunt or range
on the patented lands of any other freeholder^ without
NOVEMBER 1738— I2th GEORGE 11. ^8
the leave of the owner of such lands; every such offend-
er shall forfeit and pay the sum of twenty shillings for
every such offence:' All which penalties herein before
mentionedy shall and may be recovered before any jus-
tire of the peace in the county where any of the offences
aforesaid shall be committed; and shall be divided:
one half to and for the use of the parish whei*e the of-
fender shall reside: and the other half to the person or
persons who will inform for the same. And every jus-
tice of tlie peace, before whom information shall be
made of any the offences aforesaid^ shall take for evi-
dence, the confession of the party accused, or the oath
of erne credible witness. And where the owner of any
land shall prosecute for any unlawful hunting and rang-
ing on his lands, the oath of such owner shall be suffici«
ent evidence to convict the offender; but in that case,
the whole penalty shall go to the parish.
X. And be it further enacted^ by the authority afore-
said, That every county court within this dominion, f^^?"*^^^^
shall, yearly, in the month of January, or the next sue- ^ p^wn™
ceeding court, administer to every constable within
their respective counties, an oath, well and truly to pre-
sent to the next justice of the peace, all offences against
this act: And every justice, to whom such present-
ment or information shall be made, shall immediately
issue his warrant for the bringing before him such of-
fender; and to give judgment, and award execution
against the goods and chattels of such offender, for the
penalties herein before inflicted, respectively.
XI. Jind be it further eruicted. That one act, made Repealing
at a session of assembly, held at the capitol the twenty clause.
second day of August, one thousand seven hundred
and thirty four, intituled, An Mt, for lessening tlie
penalties for kiUing Deer at unseasonable times, and for
the better recovery thereof; and all and every other act
and acts heretofore maae, so far as the same relate to
any matter or thing within the purview of this act, be,
and are hereby repealed^ and made void.
64
Preamble.
A treasurer
aptpointed.
LAWS OF VIRGINIA,
CHAR XV-
^n Jidfor appointing a Treasurer.
I if
I. Tl/'HEREAS by one act of Assembly, made in
^ the eighth year of his majesty's reign, sir John
Randolph, knight, since deceased, was appointed trea-
surer of the revenue arising by two several acts of as-
sembly, for laying a duty upon Liquors; the one made
in the twelfth year of the reign of the late king George
the first, and the otlier made in the fifth and sixth years
of the reign of his present majesty, and by one other
art of assembly, made in the said fifth and sixth years
of his majesty's reign, for lauing a duty upon Slaves;
And the said sir John Randolph departing this life since
the last session of assembly, after his death, his majes-
ty's lieutenant-governor of this colony, in pursuance
of the power and authority to him given, by the said
first recited act, was pleased to appoint Richard Ran-
dolph, esq. to be treasurer, until the end of this session
of assembly. And it being expedient that a treasurer
of the said duties should be now appointed,
II. Be it tlierefore enacted by the Lieutenant Chroem-
or, Councdf and Burgesses, of this present General Jis-
sembly, and it is hereby enacted by the authority of the
samCf That from and after the end of this session of
assembly, John Robinson, the younger, esq. shall be,
and he is hereby nominated, constituted, and appointed
treasurer of the revenue arising from the duty upon li-
quors and slaves, laid and imposed by the three several
acts of assembly above mentioned^ to hold the said
oflice so long as he shall continue to be speaker of the
house of burgesses, and from the tiQie of his being out
of that office, until the end of the next session of assem-
bly: And the said John Robinson is hereby authorized,
impowered,and required, to demand, receive, and take,,
of and from the several collectors of the said duties, alt
and every the sum and sums of money, arising by force
and virtue of the said acts, or any or either of them:
And to demand and receive of the executors of the said
sir John Randolph, and of the said Richard Randolph,
his executors and administrators, respectively, all such
sum and sums of money, as the said sir John Randolph,
and Richard Randolph, or either of them, have receiv-
ed, on ac^count of the said duties, oi* othervnse, as trea-
NOVEMBER 1738— 12tli GEORGE 11. 65
^rer or {reasui*erd of Virginia^ find which shall be in
the hands of the said Richard Randolph, or of the ex-
erators of the said «ir John Randolph, at the end of
this session, and not otherwise appropriated by this pre- *
■ent^neral assembly; allo^ini^ the said Richard Ran-
dolph for his trouble, in paying tlie money so appropri-
ated, the sum of one hundred and fifty pounds: Which
said money, as. well as all other snms by him received,
in virtue of his said office of treasurer, he the said John
Robinson shall utter and apply, to and for such uses,
and upon such warrants, ashy tb^said acts for laying
the ssud duties, or by any other act or acts of the gene-
ral assembly, is or shall be appointed and directed;
and shall be accountable for the same to the general
assembly.
. III. Jind be it further enacted by the authority afore- His ^aty.
^idf That the salary of four pounds in the hundred,
and soproportionably for a greater or lesser sum^ shall
be allowed and paid to the said treasurer hereby ap-
pointed, out of all and every the sum and sums <^ mo-
nejr by him received, and accounted for, to the general
assembly, as aforesaid. And that tlicre shall be also
allowed to the said treasurer, for auditing and settling
the accounts of inspectors of tobacco, during the contin-
uance of the laws in that behalf made, the sum of fifty
ponndiT per annum, for his trouble and service therein.
IV. Prordded always^ That the said John Robinson,
before he enters upori the said office of treasurer, shall thriven.***
give such sufficient security, as shall be approved by
the governor, or commander in chief,4]f this colony, in
the sum of five thousand pounds, for the answering and
paying all the money by him, from time to time, to be
received, as aforesaid.
y. And to the end, a treasurer may not be wanting,
in case of the death, resignation, or disability of the ^^«"^o^^
tr^surer hereby appointed. Be it further enadedf That "^^ *PP®*"
in either of these cases, it shall be lawful for the gover-
nor, or commander in chief, of this colony, with the
advice of the council, for the time being, to appoint
some other fit and able person to be treasurer of the said
duties; to hold the office, with all the powers, authori-
ties, salaries, and profits aforesaid, until the end of the
next session of assembly.
I-^VoU 5.
LAWS OF VIRGINIA.
DO
CHAP. XVI.
•in Act, for a2)pointing several new Ferries; and dur^
continuing aformei' Ferry.
1. 11 E tf efiacted, by the Lieatenant-Gcroemor, , Comi-
■" cU and Burgesses^ of this present General Assent'
bhjf and it is herebf enax^ted, by the authority of the
same. That public ferries bo constantly ke|)t at the pla-
ces lierein after named: And that the rates for passing
the said ferries, be as follows:
Ratca of fer- On Potowmack river, from the plantation of Francis
^^ Awbrey, in the county of Prince William, over to Ma-
ryland^ the price for a man seven ])cnce half penny,
anil for an horse seven pence half penny.
On Rappahanock river, from the land of James Hack-
ley, in the county of King George, over the river, to
the land of colonel Gawin Corbin, in the county of Ca-
l*olitie; the price for a man three pence, and for an
horse three pertce.
Ort Jatnes rivers from the land of colonel Richard
Bland, in the county of Prince George, over the river,
to the land of Mistress Anderson, in the county of
Charles-City; the price for a mati seven pence half
penny, and for an horse seiren pence half jienny.
On Appamattox river, from the land of William
Pride, called The Store-Landing, in the county of Hen-
rico, over the river, to Anthony's Landing, in the coun-
ty of Prinee-George; the price for a man three jienc*,
and for an horse three pence. And, from the said Store-
Landing, over the mouth of Persie's stile creek, to the
land of Peter Baugh; the price for a man three pence,
and for an horse three pence,
^rouv *'• ^"^^ that the courts of the several counties,
Tixges, wherein such fen*ies shall be kept, shall have power ta
appoint proper boats to be kept at the said ferries, for
the convenient transportation of coaches, waggons, atid
other wheel carriages: ITiat when such boats shall be
so provided, and kept, it shall and may be lawful for the
keepers of such ferries, to demand and take for the fer-
nage and transportation of such wheel-carriages, the
following rates: (to wit.) For every coach, chariot, or'
waggon, and for the driver thereof, the same as for the
ferriage of six horses, according to the rates herein be-
. fore 8ettlc<l, at such ferries, re^spectively: And for cv©-
NOVEMBER 17S8— 12th GEORGE 11. 67
ry cart» or four wheel chaise, and the driver of such
four wheel chaise, the same as for the ferriage of four
horses: And for every two wheel chaise, or chair, the
same as for the ferriage of two horses, according to
the said rates, and no more,
HI. And, that the licenses, for keeping the said fer- ^
ries, shall be obtained in the same manner, and the *^"^^'
kf$^pers thereof have such exemptions and advantages,
and be under the like regulations and restrictions, as
is and are by law provided, for and in i^espect of the
keepers of public ferries, heretofore settled and ap-
pointed.
IV. JStnd be it further enacted^ That for every hogs- Tobacco.
head of tobacco, brought to any of the femes herein be-
fore mentioned, in order to be transported over, (except
to the first-mentioned ferry;) the price of feri'iage shall
be the same as the ferriage of one horse, according to,
the rates settled at such ferries, respectively.
V. •tfwd he it further enacted^ by tlie authority afore- Repealing
said. That from and after the passing of this act, the c^**^-
act of the general assembly of this colony, made in the.
fourtli year of the reign of the late queen Aniic, intitu-
led, Jin Jict for tlis regulatum and settlemtiit of Per^
ries^ and for dispatch ^Public Eocpresses^ for so much
ti)ere<if only, as appoints a public ferry at the mouth of
Upper Cliipoaks creek, over to the How, or Martins
Brandon, be and is hereby repealed.
CHAP. XVII.
An •Actffor raising a Public Levy.
L nE it enactedf by the Lieutenant-Goroemorf Coun-
" cU and Burgesses^ of this present General dssem^
Uyr and it is hereby enacted^ by the atUliority of the
same^ That eleven pounds of tobacco be paid by every
tithable person within tliis dominion, for the defraying
and paunentof.the public charge of the country; being
tbe public levy, from the fifth day of August, one thou-
sand seven hundred and thirty six, to the first day of
November one thousand seven hundred and thirty
eight: And that it be paid by the collectors of the se-
veral counties, to the several persons and counties re-
spectively, to whom it is prpportioned by this general
6a LAWS OF VIRGINIA,
assembly. And if it shall happen, that there shall be
Inore tithables in any coanty, than the present levy iii
laid on; then such county shall have credit for so much;
to the use of the county: And if fewer tithables in any
county; then such county shall bear the loss.
• II. Provided always^ That where any allowance is
made in the book of proportions to any county, to be
paid in the same county; no more per poll shall be col-
lected fronrthe tithables of such county, than will dis-
charge the ballance, after such allowance shall be de«
•ducted: And that every county court shall regulate
the levy accordingly.
' IIL Jind he it further enacted, by the authority qfore^
said. That tlie sheriff of every county shall, at the
court of his county to be held in the month of January,
or February next, give bond and security for the due
collection and paiment of the public levy, now laid and
assessed. . ' -
CUAV. XVIII.
Jin Act, for better securing the. title of certain Lands,
to the Feoftes of the Town of York; and for settling
the same, for a Connnon, Jor tlie use of the Inhabit
tants of the said Town.
I. Tl/'HEREAS an act of assembly was made in
^ ^ the third year of the reign of their late majes-
ties king William and queen Mary, intituled, Jhi Aci
for Forts; when hy among other things, it was enacts
ed, That the justices of each county should, within
three months after publication of the said act, command
the surveior of their county, to lay out and survey fifty
acres of land, at the places in the said act named, ap-
pointed, and set down, for ports, wharfs, keys, and pla-
ces for rcccivingon shore and shipping all goods, wares
and merchandize; and that the said justices Hhould
agree with the owners of the said lands, for the purchase
of the same; and that the said owners sliould convey to
feoffees, to be ap|>ointed for that purpose by the said
justices, a good estate in fee, in the said lands, in trust,
and to the intent, tliat they the said feoffees should con-
vey to any person' requesting tj»e same; one or more
half acre, or half acres, upon such condition of build-
NOVEMBER ir38~12th GEORGE II. 69
kigy as in the said act is mentioned: In which said act,
the port for the county of. York, was appointed to be
upon Benjamin Read's land, beginning at the lower
side of Smith's creek; and so running downwainls, by
the said river, to the ferry. And whereas, the justices
of the said county of York, in pursuance of the said act,
did dii*ect Lawrence Smith, then surveyor of the said
county, to survey and lay out fifty acres of land, at the
place before-mentioned; and the said Lawrence Smith
accordingly made a survey of fifty acres of land at the
said place^ leaving out several small parcels or points
of land next the river, unfit for habitation, and, at that
time, of little value; which ai^e mentioned in the plan
of the said survey, returned by the said Lawrence
Smith, to the clerk's office of the said county, and there
recorded, to be laid off for a common shoar: After
whidi survey, the said justices agreed with the aforesaid
Benjamin Read, for the purchase of the said la«d; and
he, by deed of feoffment, bearing date the eighteenth
day of August,'in theyearof our lord one thousand six
hundred and ninety one> in consideration of ten thou-
sand pounds of tobacco, conveyed to Joseph Ring, and
Thomas Ballard feoffees, ajqiointed byihe said justi-
ces for that purpose, the premises aforesaid, by the
name of all that fifty acres of land^ be the same more or
less, surveyed by colonel Lawrence Smith, and bound-
ed, as in the said deed is described; together with all
and singular the ways, waters, easements, passages,
profits, commons, commodities, and appurtenances, to
the same belonging, as by the said plan and deed more
fully appears. And whereas, aftermakingthesaid deed,
that is to say, in the fifth year of the reign of their said
late majesties, an act of assembly was made, whereby
the said first mentioned a!fct was suspended, 'til their
majesties pleasure should be known, and by one act of
assembly, made in the fourth year of the reign of the
late queen Anne, intituled, ^n Ad^ for confirming
Titles to Town Lands^ reciting, that the said first men-
tioned act stood suspended; and that pursuant to the
sai4 act, divers tracts of land had been purchased, and
laid out, for ports and towns, and vested in trustees,
many of which had convey'd lots, or half acres, to se-
veral persons, who had built thereon, and made consi-
derable improvements; it was and is enacted. That
where any county or counties have purchased, laid out.
1/
/
70 LAWS OF VIRGINIA,
and paid for, any lands^ for ports or towns, pursuant
to the said acts for ports, or to any other aci of assem-
bly, and have vested the same in trustees, according to
the said act or act, such feoffees or trustees, so invest-
ed, are declared to have a good, absolute, and indefeasi-
ble estate in fee, in such lands, respectively; in trust,
to and for the uses in the said act, for ports, mentioned,
as in the said act more fully is contained. And where-
as the feoffbes of the said land, so conveied, by the said
Benjamin Head, have, from time to time, granted and
conveied all the lots, or half acres, within the hounds ctf
the survey before mentioned, to sundry pet*sons, who
have built houses and made improvements upon the
same, and the said place has for a long time been settled
and inhabited, as a town, and has obtained the name of
The Town of Forkf and from the time of tlie first set-
tlement there, the inhabitants of the said town, liavii
alway# used and enjoyed the aforesaid small parcels or
points of land, herein before mentioned, to be left out
of the survey of the said fifty acres, as ami for a com-
m&n, without any disturbance, or molestation, from
the said Deivjamin Read, who lived above forty years
after the making the deed herein before recited and
mentioned: But since his death, Gwyn Read, of the
county of Glocester, gentleman, eldest son and heir of
the said Benjamin, pretends and sets up a title to th«
same, alledging, that his fatlier was only tenant in tail,
of the premises, and could sell and convey no more
than fifty acres. And whereas it is plain, from the
I words of the said act for ports, as well as from tlie gene-
ral policy and design thereof, that the fifty acres of land,
thereby iliiccted to be surveyed and laid out for a port
and town for tlie said county of York, ought to have
I been laid off'next and adjoinftig to the river; and it will
I be a manifest prejudice to the inhabitants of the said
j town of fork, and to the trade and navigation of the
same, and will discourage people from sealing and in-
I habiting there, if the said small parcels or points of
land, next the river« are not preserved, continued and
kept, for the use of the said town, and as a part there-
of, in the manner the same have always hitherto been.
And whereas it may.be questioned, whether the said
Gwyn Read has any good right or title to the said
parcels or points of land, forasmuch as it was the inten-
tion of the said Benjamin Read to pass and convey the
same, by the deed herein before mentioned; nevertbe*
JNOVEMBER irsS— 12tU GEOHGE II. 74
less, for preventing controv^i'sies and disputes, the in-
babitants of the said town are willing to pay the said
Gwyn Read a reasonable consideration for tlie same:
Therefore, for removing all doubts and controversies
hereafter, concerning the premises,
IL Be U enacted^ by the Lie^enant QorocmoT^ ^(kmn-
alj and Burgesses^ of this present €hntraL Assembly f and
it is hereby enacted^ by the authority of the same. That
all the land lying between the said fifty acres of land be-
fore mentioned, to be surveyed by the said Lawrence
Smith, and tlie low water mark of York river, opposite
to the said fifty acres, be, antl is hereby vested in Law-
rence Smith, and Thomas Melson, gentlemen, the pre-
sent feofiees of the said town of York, in fee simple,
in as full and ample manner, to all intents and purpo-
ses, as if the said land had been actually included in
the survey of the said fifty acres: And that the same
shall be, and is hereby declared to be and remain, as
and for a common, for the use of the inhabitants t^ the
said town, from lienceforth, for ever. •
IIL Prcrvided always. That the said feoffees do, and
shall, on or before the first day of March next, pay, or
caase to be paid to the said Gwy n Read, his executors,
or administrators, the sum of one hundred pounds;
which Is hereby declared to be in full satisfaction for all
right or title, which he the said Gwyn Read may have,
or pretend to claim, in or to the said premises.
lY. Jind be it further enacted by the authoritti afore*
smdf That the justices of the county of York, shall be,
and are hereby impovrered, some time before the said
first day nf Marcb, to levy thesaid sum of one hundred
pounds, together with the charges of obtaining this act,
upon the inhabitants of the said town, and owners of
lots there; and to rate and assess the ^ame upon the
said inhabitants and owners, in such proportion as tliey
shall think proper, having regai^ to the value of the
lots, without the improvements: And in case any per««
son shall refuse to pay such assessment, to cause the
same to be levied upon the estate of the person so refus-
ing; and where any such inhabitant is tenant to another
person, the landlord shall allow such assessment out of
the next year's rent.
v. Savii^ to the king's most excellent majesty, his
heirs mid successors, and to all and every person and
persras, bodies politic and corporate, their respective
72 LAWS OF VIRGINIA;
1
heirs and successors^ except the said Gwyn fiestd, an^
all others claiming under biniy or under the last will
and testament of Gheorgc Read, esquireydeceased^grand-
father of the said Gw^n Read, all such right, title, in-
tcrest» claim, and demand, as they, every, or any of
them, should or might claim, if this act had never beea
made.
CHAP. XIX.
Jin ddf for the relief of those persons who were suffer-
ers in the loss of the Records (f the County of Nanae*
mond, whose cases have not heen alreaay prorcidei
for.
I. TK^HEREAS, it was ehactod, hf one claoso Of
** the act> made at the last session of the general
asMpibly, For the relief of certain persons who were
suj^krs in the loss of the Records of the County of
Mansemond, that to the end, other persons, who had
not then been able to produce witnesses before the com-
missioners appointed by a commission issued under the
great seal of the colony, pursuant to the act of assem-
bly made in the eighth year of his majesty's reign« in-
tituled, An dctf for the relief of such persons as have
suffered; oi* may suffer^ by the loss of the records of
Mansemond County* lately consumed by fire f in relation
to their deeds and other evidenceii, whicli nmy ha?e
been lost among tlie records of the said county, one
other or more commissions should and might be issued
and continued by the governor and commander in chief
of this colony, for the time being, for examining other
witnesses, and perpetuating the testimony thereof, in
relation to all deeds, wills, inventories, or other wri-
tings, recorded in the said county court, where the ori-
ginal has been lost, pursuant to the last mentioned act
of assembly, to be executed and returned, as in the
said act is directed. And whereas, pursuant thereto,
a commission hatli issued, under the great seal of the
colony, bearing date at Williamsburg, the twenty se-
venth day of October, in the tenth year of his said ma-
jesty's reigi^, to William Wright, and eleven others,
directed, who have made a return of their proceedings
in the premises, whereby it doth appear^ that they hare
November 1738— i^th george it. 73
^xamihed divers witnesses to sundry deeds, and other
matters^ and that the several deeds^ and btlier mattex*s,
mentioned in a schedule to this act annexed* have hcen
well and sufficiently proved: Therefore for making tlie
same more effectual
II. Be it enact edf by the Lieutenant-Goroemor^ Couni-
cU, and Burgesses of this present Chneral Asstnihly^ and
it IS hereby enacted by the auth/mty of the same. That
from henceforth, the proofs of the several possessions^
purchases, deeds, and wills, in the said schedule men-
tioned^ shall and may be given, in evidence, in any court
of law, or equity; and sliall atail for the benefit and ad-
tantage of all persons claiming under them, as much as
the same can or ought to avaiL And to tlie end, that^
those persons who have not yet been able to produce
witnesses before the said commissioners, in relation to
their deeds and other evidences, which have been lost
among the records of the said county, may be relieved.
III. Be itfurthef enacted^ by the authority aforesaid,
tThat one other or more commissions shall and mky be
issued and continued by the governor, and commander
iu chief, of this colony, for the time being, for examin-
ing other witnesses, and perpetuating the testimony
thereof, in relation to all deeds, wills, inventories, or
other writings, recorded in the said county court, where
the original has been lost, pursuant to the act of assem-
bly made in the eighth year of his majesty's reign; to
be executed and returned^ as in the said act is directed^
A schedule, containing the proofs of several deeds,
and other matters, made before certain commissioners,
by virtue of a commission, under the seal of the colony
•f Virginia, bearing date the twenty seventh day of Oc-
tober, in the tenth year of his majesty^s reign, pursuant
to an act of assembly in that case made and provided.
William Cadawgon, by deed proved and recorded, in Aano 1675.
Nansemond county court, sold and conveyed unto John
Brothers, the elder, a parcel of land, oti the south side
of the western branch of Nansemond river, containing
one hundred acres, or thereabouts; and the said John
Brothers, by his last will and testament, which was
likewise proved and recorded in the said county courts
some time in the year 1692, gave the said land to his
son John Brothers, and his heirs, for ever: And the
said John Brothers, the son, dying without will, leavingf
three children^ who all died under the age of twentj^
K— Voh 5»
74 I-AWS OF VIRGINIA.
one years; the said iand descended and came to Rich-
ard Brothers, grandson, and heir at law, to the said
John Brothers, the elder, who entered, and is now in
peaceable possession thereof.
Ull. ^^^^ Gotten sued out a patent for a parcel of land,
on the south side of Cedar Swamp, in the county of
Nanseinond; and by assignment on the back of the
said patent, which was recorded in the court of the said
county of JVansemond, made over the said land to Da-
vid Lewis, deceased; and David Lewis, son and heir
to^thc said Davfd, is now in possession thereof.
1718^ Robert Books, by deed of gift, acknowledged and re-
eorded, in the cour^of the county of Nansemond, gave
unto his brother John Hooks, during his natural life,
and alter his decease, unto his son John Hooks, the
present possessor thereof, a pai-cel of land, which he
had formerly purchased of one Thomas Altman, lying
on the Cyprus swamp, near the month of Summerton
creek, then in the county of Mansemoud, but now in
the province of North Carolina.
1726. William Robins^)i^, by indenture of bargain and salc^
conveyed to John Thomas, who is now in ])ossession
thereof, one hundred acres of land, more or less, being
the moiety of two hundred acres or land granted to Jon-
athan Robinson, by patent, some time in the year of
our lord 1703; which land then lay in the upper parish
of the county of Nansemond, but now in the province
of Noi-th-Carolina.
1728. Sarah Meredith, widow and executrix of John Mere-
dith, ls)te of Elizabeth City county, deceased, by dee<l,
acknowledged and recorded in the coui-tof the county of
Nansemond, conveyed unto Joseph Meredith, one hun-
dred and ten acres of land, being part of four hundred
and forty acres of land, formerly granted, by patent, to
Sampson Meredith, lying on the Back swamp, at Sum-
merton, in the said county of Nansemond: and, some
time in the year 1732, the said Joseph Meredith, by
his deed, acknowledged and recorded in the said court,
sold and conveyed the said land, to Henry Copeland^
who is now in possession thereof.
1730 William Bridger, by deeds of lease and release,
• proved and recorded in the court of t ha county of Nan-
fiemond, conveyed unto Thomas D^vis, a piece of land»
containing tbree hundred acres, more or less, lying in
NOVEMBER 1738— 12th GEORGE IL 75
Hie upper parish of Nansemond countj* on the south
«ide of the popK.r swamp.
Isaac Carnal, and Catharine his wife,by deedof bap 1732.
gain and sale, proved and i-ecorded in the cour: of the
county of Nansemond, sold and conveyed unto Abra-
ham CarnaU jun. two hundred acres of land, more or
less, lying on Jaringan bridge run, in the upper parish
of Namseniond county, which land formerly belonged
to Abraham Ed wanis, father of the said Catharine, and
by him given to his said daughter; and the said Abra-
ham Carnal is now, and hath from the time of the said
conveyance, been in peaceable possession thereof.
John Moore, by deed of bargaii^ and sale, recorded 1733.
in the court of the county of Nansemond, conveyed to
his bmther, William Moore, Avhois now in possession
thereof, a plantation and parcel of land thereto belong-
in^, containing one hundred and ten acres, or therea-
bouts, lying in the fork of the southern branch of Nan-
semond river, in the upper parish of the said county,
being the plantation that formerly belonged to John
Moore, fatlwr of the said John and William; and by
his last will and testament given and ^levised to his
said son John.
A
CHAP. XX.
dn dct, for dividing the Parishes of Southwark, and
Lawn*s-Creek; and other purposes therein mentim-
ed.
1. TETHEREAS, by reason of the large extent of
the two adjacent parishes of Southwark, and
Lawn's Creek, in the county of Surry, the ministers
and inhabitants thereof labour under great difficulties
and inconveniences: For the removal of which^ for the
future,
IL Be it enacted^ by tlie Lieutenant Chroernor, Coun-
cii, and BurgesseSy of this present General Assembly, and
it is hereby enacted by the autliority of the same, TIrat
from and after the first day of January, in the year of
our lord one thousand seven hundred and thirty eight,
the said parishes of Southwark, and Lawii's-creek, shall
be divided by the river Black water: And those parts
of the said parishes, situate on the norUi side of the
^fi
LAWS OF VIRGINIA.
said riveri united and erected into one distinct parish,
to be called the parish of Southwaik: And those parts
thereof on the south side of the said river, united and
erected into one other distinct parish, to be called the
parisli of Albemarle.
III. wind be it further enacted, by the authority {rfore-
saidf That all and every tlic persons, who are now ves-
trymen of the said parishes of Southwark, and Lawn^s-
creek, as the same stand undivided, and shall continue
fio to be 'til the said division shall take place, shall be-
vestrymen of the said new parishes of Southwark, and
Albemarle, wherein they shall dwell, respectively. And
that for compleating the number of vesti7men, in the
said parish of Albemarle, tlie fi*eeholders and house-
keepers thereof, shall meet, atsome convenient time and
place, to be appointed, and publickly advertised, by the
filieriff of the said county of Surry, before the first day
of February next followin|^; and then and there elect
sucli and so many of the most able and discreet persons
of iluir parish, as will make up the number of vestry-
men in the said parish, twelve, and no more: Which
vestrymen, so continued and elected in the said parish
of Albemarle, and the vestrymen continued in the said
new parish of Southwark, although exceeding the num-
ber of twelve, having taken the oaths appointed by law,
and subscribed to be conff»rmabie to the doctrine and
distlplincof the church of England, shall to all intents
and purposes, be deemed and taken to be the vestries
of the said parishes, respectively.
IV. Provided always^ That no new election shall bo
mdde, in the room of :::r'(vf the said last mentioned
vestrymen, that shall die, or remove out of the said pa*
risii, Uil they siiall fall under the number of twelve;
and thenceforth, that number, and no more, shall be
kept up. And forasmuch, as tliere will be two tracts
of glebe land in the said new parish of Southwark; one
lying on lower Chipoak's creek, and the other near the
head of Gray's creek, joining to the land of Gilbei*t
(iray; and one other tract of glebe land, in the said
piiris!* of Albemarle, lying on the north side of Notto-
way river: Neither of which will be convenient for the
1 esidence of a minister,
V. Be it further enacted, by the authority aforesaid.
That the said three tracts of land,with the appurtenan-
ces, be, and are hereby vested in the vestry of the said
NOYEMPER 1738— Idlh GEORGE II. 77
parish of Albemarle, wlien the same shall be completed,
imd qualified, as aforesaid, and in the vestry of that
parish, for the time being, in trust, that they shall sell,
and by deeds of bargain and sale, convey, for the best
price that can be got for the same, the said three tracts
of land, with the appurtenances, by such descriptions
as they shall think fit, to any person or persons, who
shall be willing to purchase the same: to hold to such
pordiaser or purchasers, in fee simple: And when the
same shall be so sold, and conveyed, in trust for pur-
cbie^ng with two thirds of the money arising by such
sale, a convenient tract of land for a glebe, for the use
of the parson of the said parish, for the time being; and
the other third part of the said money, far building
thereon, according to thedirections of the act of assem-
bly in such case made and provided. And they are
further impowered, and made capable, to take, receive,
and hold, any lands, tenements, or hereditaments, to
be purchased, or given, for a glebe, for the use of the
parson of the said parish of Albemarle, for the time be-
ing, for ever.
VL Jind be it further enacted^ by the authority afore-
ioidf That the vestry of the said new parish of South-
wark, shall, in their next parish levy, raise and pay
unto the vestry of the said parish of Albemarle, fifteen
thousand pounds of tobacco, free from deduct ons; to
be applied towards lessening the levy in their parish,
by the poll; and to be in full of all demands, which the
said parish of Albemarle might have against the said
new parish of Southwark.
Yil. Fraroidedalwayst That nothing herein contain-
ed, shall be construed to hinder the sheriff, or collectors
of the said parishes of Southwark and Lawn's-creek, as
the same now stand divided, to make distress for any
levies, or other dues, whicli shall be due from the in-
habitants of the said new parishes of Southwark, and
Albemarle, after the said first day of January, in the
same manner, as by law, they might have done, if this
act had never been made. Anything herein contained;
or any law, usage, or custom, to the contrary thereof,
in any-wise, notwithstanding.
yill. And whereas, two small tracts of land, lying
and being in the parish of Saint Paul, in the county of
Hanover; the one containing one hundred, and the
other ninety five acres, are appropriated for a glebe for
7g LAWS OF VIRGINIAt
that parish; but beitijg^ inron veniently situated, the ves-
try with the assent of the pai^soii, are desirous to sell
the same, to enable them to purchase a more conve-
Rtent glebe.
IX. Be it therefore enacted ^ by the authority afore-
saidf That the said two tracts of land, with the appur-
tenanccsy be, and are here'iy ve^sted in the present ves-
try ef the said parish, and the vestry of the said parish,
for the time beinis;; in trust, that they shall sell, and by
deeds of bargain and sale, convey for the best price that
can be got for the same, the said two tracts of land* with
the appurtenances, by such descriptions tliey shall
think lit, to any person or person^s, who shall be willing
to purchase the same; to hold to such purchaser or pur-
chasers, in fee simple: And when the same shall be so
sold and conveyed, in trust,for purchasinja^jwith the mo*
ney arising by such sale, a convenient tract of land, for
a glebe, for the use of the panon of the said parish, for
thi.' time being; and for building thereon, according to
the directions of the act of assembly, in such case made
and provided. And they are furtlier impowered, and
made capable, to take, receive,and hold, any lands, ten-
ements, or hereditaments, to be purchased, or giveny
for a glebe. Tor the use of the parson of the said parish
of Saint Paul, for the time being, for ever.
CHAP. XXL
Jn Jctf for erecting two new Comities, and Parishes;
end granting certain encouragements to the Inhabi*
tants thereof.
L "VITHEREAS great numbers of people have set-
T T tied themselves of iate,upon the rivers of Sher^
rando, Cohongornton, and Opeckon, and the branches
thereof, on the north-west side of the Blue ridge of
mountains, whereby the strength of this colony, and
it's security upon tlie frontiers, and his majesty's re-
venue of quit-rents, are like to be much increa8<*d and
augmented: For giving encouragement to such as
shalUhink fit to settle there.
II. Be it enacted, bu tfte Lieufenant-Oovemor^ Coun-
cil, and Burgesses, of f his present General .O-sembly. and
a is hereby enactedf by the autiiority of the sume^ Thht
NOVEMBER 1738— l«th GEORGE II, 79
ill that territory and tract of land, at present deemed to
fce part of the county of Orange, lying on the north west
eide of the top of the said mountains, extending from
thence northerly, westerly, and southerly, beyond the
said mountains, to the utmost limits of Virginia^ be
separated from the rest of the said county^ and erected
into two distinct counties and parishes; to be divided
by a line to be run from the head spring of Hedgman
river, to the liead spring of the river Potowmack: And .
that all that part of the said territory, lying to the north-
east of the said line, beyond the tup of the said Blue
ridge, shall be ons$ distinct (^unty, and parish; to be
called by the name of 4he county of Fredt^rick, and pa-
rish of Frederick: And that the rest of the said terri-
tory, lying on the^ other side of the said line, beyond
the top of the said Blue ri(l|»e, shall be one other dis-
tinct county, and parish; to be called by the name of
the county of Augusta, and parish of Augusta.
III. Prcroided alwayiSf That the said new counties
and parishes sliall remain part of the county of Orange,
and parish of Saint Mark, until it shall be made appfar
to the governor and council, for the time being, that
tiiere is a sufficientnnmber of inhabitants for appointing
justices of the peace, and other officers, and erecting
courts (herein, for the due administration of justice;
80 as the inhabitants of the said new counties and pa-
rishes be henceforth exempted from the paiment of all
public, county, and parish levies, in the county of
Orange, and parish of Saint Mark; yet, that such ex*
emption be not construed to extend to any of the said
levies laid and assessed, at or before the passing of
this act.
IV. And te it further enacted^ That after a court
shall be constituted in the said new counties respectively,
the court for the said county of P^ederick be held
monthly, upon the second Friday; and the court for
the said county of Augusta, be held upon the second
Monday, in every month: And that the said counties
and parishes respectively.shall have and enjoy all rights^
privileges, and advantages whatsoever, belonging to-
the other counties and parishes of this colony. And for
ttie better encouragement of aliens: and the more easy
naturalization of such who shall come to inhabit there,.
V. Be it Jurther enacted^ That it shall and may be
lawful, for the governor, or commander in chief, of
gQ LAWS OF VIRGINIA,
this colony, for the time being, to grant letters ol nt^
turalization to any such alien, upon a certificate from
the clerk of any county court, of his or their having ta-
ken the oaths appointed by act of parliament to be takea
instead of the oaths of allegiance and supremacy; and
taken and subsiTibed the oatl) of abjuration, and sub-
scribed the test, in like manner as he may do, upon ta-
king and subscribing the same before himself.
VL And for the more easy paiment of all leries, se-
cretary's,'clerks, sherifs, and other officers tees, by the
inhabitants of the said new counties. Be it further
enacttdf That the said levies and fees shall and may be
paid in money, for tobacco, at three farthings per
pound, without any deduction. And that the said coun-
ties be knd are hereby exempted from public levies, for
ten years.
YII. Provided nevertheless. That from and after th6
passing of this act, no allowance whatsoever shall be
made to any person, for killing wolves, within the li-
mits of the said new counties. Any law, custom, or
usage, to the contrary hereof, notwithstanding.
YIII. And, for the better ordering of all parochial
affairs in the said new parishes, Be it eiuicted, by tiu
authority aforesaid. That the freeholders and house-
keepers of the same, respectively, shall meet, at such
time and {dace, as the governor, or commander in chief,
of this dominion, for the time being, with the advice
of the council, shall appoint, by precept under bis hand,
and the seid of the colony; to be directed to the sherife
of the said new counties, respectively, and by the amid
sherifs publickly advertised; and then and there elect
twelve of the most able and discreet persons of their
said parishes, respectively: Which persons so elected^
having taken the oaths appointed by law, and subscribed
to be conformable to the doctrine and discipline of the
church of £ngland, shall, to all intents and purposes^
he deemed and taken to be the vestries of the said new
parishes, respectively.
NOVEMBER 1738— 12th GEORGE 11. 81
CHAP.XXU.
Jn JicU to prevent the Inhabitants of the Borough of
Norfolk, from being compelled to serve in the Militia
of the County of Norfolk^ and to eocempt Sailors or
Seamenf in actual pay on board any Ship or Vessel,
from serving in the J^itia*
L Tl^HEREASy the chief magistrates, and other
^^ inhabitants, of the borough of Norfolk, arc
DOW listed, and compelled to serve, under the command
of the oflScers of the militia, in the county of Norfolk,
without the said borough: And forasmuch, as the same
may be very inconvenient, and may render the said bo*
rough defenceless in time of danger,
IL Be it therefore enacted, by the Lieutenant- Bovermrr,
Council, and Burgessess, of this present General Assem-
bly, and it is hereby enacted, by the authority of the
same. That no inhabitant of the said borough shall
hereafter be compellable to make his or their appear-
ance at any muster of the militia, out of the said bo-
roughf or the limits thereof: But all and every such in-
habitant and inhabitant9,shall be listed and trained with*
in the said borough, or the limits thereof, according to
the laws of this colony, under the command of such
person or persons as shall be appointed for that pur-
pose, by the governor, or commander in chief, of this
colony, for the time being: And such persons so listed
and trained, shall be liable to the same fines, penalties,
and punishments, for not attending at musters; or for
not doing their duty at such musters, as soldiers listed
in the militia of the county, are, or shall be subject to.
III. Provided always, That such person shall not be
compelled to go out of the said borough, on any mili-
tary service, without the express order of the gover-
nor, or commander in chief, of the said colony and do-
minion, for the time being; or in case of any invasion
or insurrection, without the express order of the lieu-
tenant of the county of Norfolk.
lY. And be it enacted, by the authority aforesaid,
Tliat the maior, recorder, and aldermen, of the said
borough, or the major part of them, in their court of
hustings, to be held yearly, in October, upon the com-
plaint of any officer or officers appointed to command
the militia, within the said borough, upon sufficient
L— Vol. 5.
82 LAWS OF VIRGINIA.
proot^ shall and may give judgment against any person
or persons listed under the command of sucli oilicer or
otricei*s, tor the lines w hich sucli persoii or persons shai&
be liable to, by means of his or their not appearing, or
nut doing his or their duty at any muster, or upon any
other service, within tlie said borough: Which fines
6hall and may be levied and appropriated by the said
court, in the Scime manner, as the fines, by the judgment
or sentence of 'eMy court martial, are, shall, or may be
levied and appropriated*
V. And whereas, divers of the inhabitants of this
coldny, ai*e employed as sailors or seamen, on board
ships and other vessels, and the compelling them to
' serve in the militia, during the time they are em|>loicd
in such service, would be a very great inconveniency
and prejudice to trade.
VI. Be it therefore further enacted^ by the authority
qfm'tsaidf That no person, who shall be emploied as a
sailor or seaman, on board any sliip or vessel, within
this colony, shall, during the time he is in actual pay^
on board such ship or vessel, be compelled to serve in
the militia, in any county, city, or borough, where such
person is an inhabitant. Any thing contained in this^
or any former, or other act, to the contrary, in any
wise, notwithstanding.
CUAP. XXIII.
Jin Act J for atlmoing ^irs to be kept in the Torvn of
Fredericksburg.
1. V)S7HEREAS, allowing fairs to be kept in the
TV town of Fredericksburg, in the county of
Spotsylvania, will be very commodious to the inhabi-
tants of those parts of Virginia, and greatly increase
the ti-ade of tiiat town:
II. Be it therefore enadedf by the Lieutenant Gover^
nor^ Coundlf and Burgesses^ of {his present Ctentral As-
sembly^ and it is liereiy enactedf by the authority of the
same. That for the future, two fairs f^hall and may be
annually kept and held, in the said town of Fredericks-
burg, on the first Tuesday in June, and the first Tue^j-
day in October, in every year; each to continue for the
space of two days, for the sale and vending of all man-
NOVEMBER 1738-.12th GEORGE II. 83
ner of cattle, victuals, provisions, goods, wares and
merchandizes, whatsoever: On which fair days, and
•n two days next before, and two days next after each
of the said fairs, all persons coining to, being at, or go-
ing from the same, together with tlioir cattle, goods,
wares and merchandizes, shall be exempt and pciviled-
ged, from all arrests, attachments, and executions,
whatsoever: Except, for capital offences, breaches of
the peace, or for any controversies, suits and quarrels,
that may arise and happen, during the said time; in
which cases, process may be immediately issued, and
proceedings thereupon had, in the same manner, as if
this act had never been made; any thing herein before
contained, or any law, custom, or usage, to the contra-
ry thereof, in any wise notwithstanding. And that this
act shall continue and !>•• in ibrce, for two years, and
from thence to the end of the next session of assembly,
and no longer. Provided alwaySf I'hat nothing here-
in contained, shall be construed, deemed, or taken, to
derogate from, alter, or infringe the roial power and
prerogative of his majesty, his heirs or successors, of
granting to any person, or body corporate or politick,
tlie privilege of holding fairs or markets, in such man-
niT as he or they, by liis or their roial letters patents,
or by his or their instructions to the governor, or com-
mander in chief, of this dominion, for the time being,
shall think fit
CHAP. XXIV.
An Ad^ for vesting three hundred eu^es of Land^ with
the appurtenances^ in the County and Parish of Acco-
mack, parcel of a greater Tract, whereof John Wal-
lop IS seised^ in fee tail, in Joshua Kendall, in fee
simple; and for settling several Slaves lo the uses of
the remaining entailed Lands.
WHEREAS, John Wallop, alias Wadlow, was
seised, in fee, of one thousand nine hundred
and eighty five acres of land, or thereabouts, with the
appurtenances Jyingandbeingin thecounty and parish
of Accomack; and being so thereof seised, did make
his last will and testament, in writing, bearing date the
fourth day of April, in the year of our lord, one thou-
g4 LAWS OF VIRGINIA,
sand six hundred and ninety three; and thereby, a-
mongst other things devised the same, by such descrip-
tions as therein are expressed, to his son. Skinner Wal*
lop, alisis Wadlow, for and during his natural life, the
remainder to the heirs of his body, lawfully begotten^
the remainder to his daughter, Sarah Wallop, alias
Wadlow, as aforesaid: And some time after the mak-
ing the said will, the said John Wallop died, and the
said Skinner Wallop entered into the said land, and was
thereof seised, for the term of his life; after whose
death, John Wallop, son and heir of the said Skinner
Wallop, entered into the said land, and was thei*eof
seised in fee tail, by force of the remainder expressed
in the said will: And being so seised, did, by inden-
ture, bearing date the fifth day of June, in the year of
our lord, one thousand seven hundred and thirty two,
pursuant to an agreement made between him, and one
John Kendall, of the county aforesaid, for the conside*
ration of ninety pounds current money, convey to the
said John Kendall, thi*ee hundred acres of land, parcel
of the said <me thousand nine hundred and eighty five
acres; to have and to hold to the said John Kendall,
his heirs and assigns, forever, to his and their own pro-
per use and behoof: >Vliich said John Kendall, some
short time before his death, did make his last will and
testament in writing, bearing date the twelfth day of
March last; and thereby reciting* that he had lately
purchased the plantation and land he then lived on, of
the said John Wallop; who had publicly advertised his
intentions to apply to the next general assembly, to dock
the entail thereof; and that the same might be vested
in tlie said John Kendall, in fee, did direct, that in case
he should die before tlie same should be effected, thq
' said three hundred acres of land should be settled and
secured to his son Joshua Kendall, his heirs and as-
signs, for ever. And whereas, it will be greatly to the
advantage, not only of the said John Wallop, the grand-
son, but of all other persons claiming under tho last
will and testament of the said John Wallop, the grand-
father, that the said three hundred acres of land, with
the appuKenances, should be vested in the said Joshua
Kendall, in fee simple, according to his said father's
will, upon the said John Wallop's settling certain slates,
of greater value, to the same uses as the remaining en-
tailed lands are settled by the last will and testament of
NOVEMBER 1738— IStli GEORGE IL 85
the said John Wallop's^ the grand father. And, forays-
much as notice has been given ^ in the several parish
churches, wherein the said entailed Lands lie, tliat ap-
plication would be noadetotiiis pn&(^nt general assem-
bly, to dock the entail of the s»id three hundred acres
of land, May it 'please your mast eiXceUent Jiaje^ty^ at
the humble suit of the said John ff'athp^ and Jo&hna
KendaUf that it may be inacted^ and be. it enadcdr by the
Lituienant-GoveniOTj Council^ and Bitrgesses^ 0/ this
fresent Chmeral Jssembly, ami by the anthority oftlie
$am€f That the said three hundred acres of land, with
the appurtenances, so as aforesaid conveied^ or intend-
ed to be cnnveiedy to the said John Kendall, be and are
hereby vested in the said Joshua KemlalK his heirs and
assigns^ V^ the only use and behoof of !iim the said
Joshua Kendall, his heirs and assigns, for cv^v. And
that the following negro men slaves; (to wit,) Jack»
Guy, and George, and Nan, a mulatto woman, and her
increase, so long as any of thrm .shall be living, shall
pass iQ descent, remainder, and reversion, to such per-
son and persons, and for such estate or (states, as the
said remaining entailed lands shall or may pass and de-
scend, by force of the last will and testament of the said
John Wallop, the grandfather. Saving, to the king's
most excellent majesty, bis heirs and suceeHSsors, and
to all and every other person and pei-sons, bodies poli-
tic and corporate, their respective heirs and successors,
other than the persons claiming undf'r the last w ill and
testament of the said John Wallop, the grandfather, ail
such right, title, estate, interest* ( la^m, and drmand, as ,
they, every, or any them, should or might claim, if this
act had never been made. Fnrcided always^ That the
execution &f this act shall be suspendi d, *til his majes-
ty's approbation thereof, shall be obtained.
CHAP. XXV.
Ail Acty to enable Ralph Wormcley, Esquiret to sell and
dispose of certain entailed Landst to raise Moifeyfor
the paiment of his Sister^s portiamf atid performance
of his Father's WiU.
WHEREAS John Wormelcy, late of the county of
Middlesex, esquire, deceased, father of the said
Ralph Wormely, was seised, in his life time, of a very
86
LAWS OF VIRGINIA.
valuable estate in lands* in the counties of Middlesex^
Gloucester, King William, and York; and of a parcel
of landy in the county of Caroline, containing, by esti-
mation, one thousand acres, or thereabouts; and also
of the revei*sion, expectant upon the death of one Eliza-
beth Loraax, of and in two thousand acres of land, in the
county of King George: And being possessed of divcra
slaves, and some personal estate; and apprehending he
had an estate in fee simple, in the said lands, did make
his last will and testament* in writing, bearing date the
fifteenth day of April, in the year of our lord, one thou-
sand seven hundred and twenty five; and thereby a-
mong other things did devise to his wife Elizabeth, one
half of his real estate, during her widowhood; and gave
to his daughter Elizabeth, eight hundred pounds ster-
ling; and to each of his daughters, Judith, Sarah, and
Agatha, five hundred pounds sterling; to be paid at
their respective ages of twenty one years: And direct-
ed, that his said daughters should be maintained out of
the estate given by the said will to his son Ralph, 'til
they should arrive to the age of twenty one years, or be
married; and ordered and appointed that his son John
should be sent to England, and be there educated and
maintained, out of the profits of the said estate given to
his said son Ralph, 'til he should arrive to the age of
twenty one years; and after he arrived to that age the
said testator devised to him an annuity of one hundred
pounds sterling, for fifteen years; to be paid out of the
same estate given to his son Kalph: And devised all
his real estate to his said son Ralph, in tail male, with
divers remainilors over, as in the said will more fully
is contained. And whereas the sai<l testator was great-
ly indebted, at the time of his death, more than his
personal estate am<»unted to; and since his death, dur-
ing the minority of the said Ralph Wormeley, his son,
a large sum of money hath been raised out of the pro-
fits of the real estate devised, as aforesaid, which hath
been applied towards the paiment of the debts, and main-
tenance of the children of the said testatort But tlic
portions, so as aAM:esaid devised to the said testator's
daughters, still remain unpaid, and unsatisfied; nor
ean the same be now raised out of the said testator's es-
tate, in any other manner than by the sale of his slaves.
And whereas the said John Wormeley had really no
more than an estate tail, in the lands so as aforesaid de-
NOVEMBER ir38~12th GEORGE If. 37
vised by him; and therefoi*c had no jiower to devise or
charge the 8anic» in the manner he hasdone^ in and by
bis s.iid i*ecited wUI, tlie said lands after his death vest-
ing in the said RsLlph Wormeley, his son, as next lieir
in tail; neverlhclrss, the said Ralph Woi inely is veiy
willing and di^sirous, that the debts of his said father
should be paid, and his will performed. And whereas
it is doubted, whether the slaves left by the said testa-
tor, if sold, would raise money sutticient to pay the •
Several portions devised by the said testator to his
daughtei*s, as aforesaid, and to reimburse the said Ralph
Wormeley, the money raised out of the profits of his
lands during his minority, and applied towards the pai-
ment of his father's debts, as before is mentioned. And
whereas the said Ralph Wormeley has only an estate
tail, in the lands whereof his said father was seised, as
aforesaid, and is iiititlcd to the same under the will of
his grandfather Ralph Wormeley, esq. deceased; which
will bears date the twenty second day of February, in
the year of our lord one thousand seven hundred: And
the said Ralph Wormeley having no lands, whereof he
is seised in fee simple, or which he can sell or dispose
of; it will be very much for the advantage of the said
Ralph Wormeley, and his posterity, to preserve the
slaves left by his said father, for the improvement and
cultivation of his lands; and the selling of the said
slaves will not only greatly distress the said Ralph
Wormeley, and render his lands of little use or benefit
to him; but the provision herein before mentioned to
be made by the said testator, John Wormeley, for his
younger son, will be thereby also defeated. And where-
as the lands lierein before mentioned to be lying and be-
ing in the counties of Caroline and King George, lie
remote from the other lands of the said Ralph Worme-
ley: And the said Elizabeth Lomax, who has an es-
tate for life, in the said lands in the county of King
George, is still living; so that the said premises are
now of little value to the said Ralph Wormeley. And
whereas notice has been published three Sundays suc-
cessively, in the several parish churches where the said
lands lie, that application would be made by the said
Ralph Wormeley, to this general assi^mbly* for leave to
sell and dispose of the said lands, pursuant to your ma-
jesty's instructions: Therefore, for encouraging the
good and laudable design of the said Ralph Wormeley
r
S8 LAWS OF VIRGINIA, I
to pay the debts and fulfil the will of hjs father the said
testator, John Wormeley, and the bettei* to enable him so
to do; and to the end, the slaves left jby the said testa-
tor, may be preserved for the use of the said Ralph
Wormeley, for the cultivation of his lands. May it please
your most excellent JUajestyt at the humble suit of the
said Ralph Wormeley, tluU it may be enadedf and be
it enacted, by the Lieutenant Gorvemor, CkmncU, and
Burgesses f of this present General Assembly , and it is
herd^ enacted^ by the authority of the same. That it
shall and may be lawful, to, and for the said Ralph
Wormeley, and in case of his death, his executors or
administrators, and he and they are hereby severally
impowered to sell to any person or persons who shall
be willing to purchrse the same, the said piece or par-
cel of land, lying and being in the county of Caroline;
the same containing by estimation, one thousaqid acres,
or thereabouts; and is situate upon Rappahanock river,
between and adjoining to the lands of Elizabeth Lomax
widow, called Portobago, and the lands of one William
Taliaferro: And also the reversion of the lands lying
and being in the said county of King George,contauiing
by estimation two thousand acres, be the same more or
less: Which said last mentioned lands are part of five
thousand two hundred and seventy five acres of land,
granted to one Thomas Chetwood, and John Prosser,
by letters patent under the seal of the colony, bearing
date the twenty eighth day of September, one thousand
six hundred and sixty seven, dnd be it further enacted.
That the said Ralph Wormeley, and in case of his death,
his executors or administrators, shsdl and may, and he
and they are hereby further impowered to make and ex-
ecute all deeds and con veiances necessary In the law, for
assuring unto such purchaser or purchasers, a good es-
tate in fee simple, in the lands so to be purchased. And
such purchaser or purchasers, by virtue of such deeds
and conveiances, shall, for ever after, peaceably and
quietly hold and enjoy the land so purchased, to them
and their heirs, for ever: And the money paid by such
purchaser or purchasers, shall be applied, in the first
place, for and towards the paiment and discharge of the
debts of the said testator John Wormeley, if any are
now remaining unpaid; and afterwards, for and to*
wards the paiment and discharge of the several legacies
and portions, given and devised by the said testator to
NOVEMBER IfSS-^lSth GEORGE IL |}9
his four daoghters; and the annuity given and devise^
to his sen John, as herein before is mentioned. Saving
io the king's most excellent majesty, his heirs and sue-
eessors, and unto all find every other person and per-
sons, bodies politic or corporate* their heirs and succc;^*
sors (other than the person? claiming under the last
wills and testaments of the said Ralph Wormeley an4
John Wormeley, deceased, or either of them) all such
right, title, estate, interest^ claim, and demand whatsp-
eyer, of, in, and to all or any of the land? jbefore menti-
oned and described^ ?s they or any of then^ b^d, shoulo#
or might have h&d^if this act bad never been made;.
Jfivrdded always. That the execution of this act shall
be suspended, until hia mtyesty's approbation thereof
^sdl be obtained.
M— VoL^
AT A
summon:&d to be hbld at
The (JapitoU in the City of WiUiamshurgj on Friday,
the frst day of August^ in the ninth year qf the
reign of our sovereign lord George the second^ by the
grace qf Godj of Great-Britain^ France, and Ire-
land, King, Defender of the Faith, S^x. And/ram
tlience continiied, by several prorogations, to the Q2n4
day of May, in the ISth year of Ms sqid Majesty^s
reign, and in the year of our Lord, 1740; Being the
third Session of this present General Assembly.
CHAP. L
Preamble*
An Act, for the better security of the Country in thh
present time of" Danger.
I. "Vl/^ HE RE AS, during the present war, it will be
T T nercBsary, that the militiaoftlus colony should
be kept under stricter discipline, more frequently train-
ed ainl exercised, and better armed; the better to ena-
ble tlieiu to contend with regular troops:
II. Be it tlierefore enacted, by the Lieutenant Goroem-
deTfor'mili^ ^' ^^^^^^^ ^'"^ ^^^rgesscs, of this present General As-
ti». ' " sembly, and it is hereby enacted, by the autlwrity of the
name, That the treasurer of this colony shall be, and
he is herehy impowered and directed, out of the pub-
lic money in his hands, to issue and apply the sum of
two thousand jmunds, in providing arms for the militia
of this colony, as soon as conveniently may be: which
arms shall be delivered to* the governor, or comman-
der in chief, of this colony, to be by him distributed*
in such manner and proportion, as he, with the advice
MAY 1740— .13th GEORGE II. 91
and consent o( the council^ shall think most conveni-
ent;
III. And be it further enacted, by the authority afore- SoldicTsto
»aid. That all and every person and persons, who, by ^*J^ ^^^t
the act made in the twelfth year of his present majesty's tendance* "
reign. For the better regulation of the Militia^ are di-
rected to be listed, shall be obliged to give their per-
sonal attendance at all musters; any thing in tlie said
act to the contrary thereof, notwithstanding.
IV. And that every captain, once in every two company
tnonths, or oftner, if required, shall mu-ter, train* and musters.
txercise his troop or company: And the county lieu-
tenant colonel, or chief comn>anding officer, in every General
county, shall cause a general muster and exercise of all "^^^^"•
me troops andcompa;:tes within his county to he made,
in the months of March and September, in every year,
or oftner, if there shall be occasion: And tlie officers
and Soldiers respectively ofiQ^nding ngainatthe directi- Fines.
.ODs uf this act, shalj, for every o^ence, incur the .like
penalties, as are inflicted by the .said other act: IVbe
recovered in the same manner, and to the same usi'S, as
therein is e:Kprcssed; so that no [icrson be fined above '
eight tinaes in any year.
y*. Provided (UwaySf and it is hereby enacted. That Power of
it sba^l and may be lawfuli to and for the sevcTal courts courts mar-
martial, to be held in pursuance of the said act, F(w the ^^ ^° ^^^^
better regulation of tlie Militia, to excuse and acquit
any soldier, who tball not, within twelve months from
the passing of this act, be furnished and provided with
arms, according to the directions of the said first menti-
oned act^ and whom they, in their consciences, shall be-
lieve and adjudge to be unable to furnish and pn>vide
the same, fi*oni the fines and forfeitures inflicted by the
said act for want thereof; any thing in the said act, or
in this act, to the contrary^ er seeming to fhe contrary
ibereoi^ in any wise, notwithstanding. •,
VI. And be itfurtlicr enacted, l{y the authority afore- Limitation of
saidf That this act shall (Continue, and be in force, foif* this act
three years, from the making thereof, and no longer.
VII. Frorvided nevertheless. That if the present war
sfaall be ended before the expiration of tlie s$iid three
years, that from and i(nmediately after public notice
thereof shall be given in this colony, by proclamation of
peace, this act, as to so much thereof, as relates to the
disciplining and exercising the militia, shall be, and the
•m me is hereby repealed and made void.
92
Preamble.
Additiilmial
duty onr
^res.
LAWS OF VIRGINIA
CHAP. II.
dn Adi far laying an additional Jhity upon Slarvest
he paid by the Bu^er, for eu(xmraging persons to en^
list in his Majesty^s service: Md for preventing dc*
tm
en^
sertion.
May it please your most excellent Majesty f
1. \jk/ ^ your majesty's most dutiful and Toial sob-
T T jects, the representatives of your pimple in
your most ancient colony and dominion o1^yii*ginia» ta-
king into our most seriolis consideration the exigencies
of yourgotermnenthere» and our present danger in this
time of wari and that proper encouragement ought to
be given to your subjects in tliis colony* to ediist if^
your majesty's service/ against the Spaniards; and fuiV
ther provision niliadc; for the better defence of this colo-
ny> in armin^our poof Subjects residing therein: And
that the duties already taiid upon slaves and liquorst
virill not be sufficient to Answer theiibrposes aforesaid^
do bun^bly represent ta your majesty ^ that no other duty
can be laid upon our import or export^ >^ithout oppres-
sing your subjects, than an Udditional duty upon slaVet
imported, to be paid by the buyers; which will be the
most easy ex|)edient for raising a fund to answer the
present exigencies, and no ways burthensome to the
traders in slaved: We therefore most humbly beseech
your miyesty, that it may be enacted,
Ih Mdbeit enacted bv the Lieutenant Qovemor^ Coun-
d/f and Burgesses f of this present General Assembly 9 and
it is hereby enactedf by the duthmity of the same^ That
from and after the passing of this act, there shall be
levied and paid to our sovereign lord the king, his heirs
and successors, for all slaves imported or bi'ought into'
i|bis colony and dominion* for sale, either by land or wa-
ter, fr6m any jiort or place whatsoever, by the buyer or
purchaser, after the rate of five per cent, on the amount
of each respective purchase, over and above the duty
alreadjK laid upon slaves imported as aforesaid]^ Which
*said additional duty shall be paid, collected, ''and ac-
counted for. In such manner and form, and according
to such rules, and under sucli'penalties and forfeitures,
as are mentioned, prescribed, and appointed,' for the
paying, collecting, and accounting for the duty already
ralseil and ii»jp<wed u|)on slaves importol> by ttfcsevc-
MAY ir40_lStli GEORGE II. . 93
-ral acts of assembly now in force, and made for that
purpose: And that every article, rule, and clause, con-
tained in the said acts^ concerning the paying, collect-
ing, and accounting for the said former duty, shall be
used, exercised, km piit in practice, for paying, collect-
ing, and accounting for the said duty hereby imposed,
as ifthe same articles, riiles, and clauses were inserted
in the body of this act. And for appropriating the mo-
ney arising by the duty hereby imposed, to the uses
to which it is^ designed.
III. Be it further enacted, by the authority aforesaid.
That the treasurer of this colony, for the time being, pri^JJed!'^'***
out of the money arising from the said duty, shall, and
lie is hereby impowcred and required to pay to the hon-
ourable Williaiti (jooch, esq. lieutenant governor of
this colony, the sum of five hundred pounds, so soon
as the i^aine shall be raised, for and towardsUic support
and subsistence of the persons enlisted, and to be en-
listed, iri his majesty's service in this colony, before
they embai*k on the intended expedition against the
Spaniards: And that the residue of the said money aris-
ing by the said duty, shall be paid and applied for and
towards the relief and maintenance of such of the said
persons so enlisted, as shall be niainied or disabled in
the said intended expedition; and of the widows and *
childi*en of such others of them as shall happen to be
killed: And also, for and towards the buying and pro- -
Tiding arms for the poorer sort of inhabitants of this
colony, in such proportions, and in such manner, as
the general assembly of this dominion shall hereafter
direct and appoint. And to the end, the persons enlist-'
edf or to be enlisted, as aforesaid, may be deterred
from desertion,
IV. Be it further enacted, by the atUhority aforesaid.
That if any person, after he shall be enlisted in his ma- ^^ ^cSt
jesty'^ service, as aforesaid, shall desert, and escape with.
theputii^hment of the martial law, it shall and may be
lawful, to and for any person or persons whatsoever,
and tiiey are hereby required to apprehend the person
«o deserUng, and to cari-y him before the next justice
of the |ieace for the county where he shall be so appre-
hended; which justice is hereby impowered and re-
quirefl to commit such deserter to the common goal of
his county, their to remain until the next court to be •
hrid for the silA county: And the ju tiers of tiic said
r^tirt afo hereby also impowered and required to C^rmii
d4
LAWS OF VIRGINIA.
the said deserter tabe broM|3:lit before them, at tlie said
next court; and to order him to be sold hy the sheriff,"
at the court-house door, imiriediatf'Jy alter the adjourn-
ing of the court, to the higlicst bidder, for ready mo-
ney, as a servant, for the space of five years: And the
. said sheriff shall be allowed for his trouble therein, out
of the money arising by such sale, the same fcc as for
selling goods taken and sold by an execution; and shall
alsoj out of the said money, satisfy and pay the prison
fees pf such deserter, and pay unto the pei^son or per-
sons apprehending him, the sum of twenty shilliiigs, as
a reward for so doing: 'And the residtie of the said
money shall be accounted for, and paid by the sheriff,
to the treasuiTr aforesaid* to be by him applied to the
uses before mentioned. And for preventing all doubts
and scruples that may arise, concerning tlie carrying
and transporting the persons so enlisted, as aforesaid,
out of this colony, in case any of them should happen
to be indebted.
Proviso. V^ Be it further enacted^ by the authority aforesaid^
That no master of a ship, sloop, or other vessij, shall
incur any penalty or forfeitui*e, for cjvrrying and trans-
porting any of the persons so enlisted, as aforesaid, to
any place his majesty shall think fit to order, diiTct,
• aind appoint; any thing in any other act or acts of as-
sembly to the contrary thereof, notwithstsnding.
limitation. VI. And he it further enadedf That this act shalf
continue and be in force, until the first day of July, in
* the year of our Lord one thousand seven hundred and
forty four, and no longer.
CHAP. III.
Preamble.
Jin •ictf for raising Levies and RecndtSf to serve in the
present War^ against tlie Sj)aniards, in America.
I. "V^THEREAS, his majesty hath been pleased -to
T T send instructioti to the lieutenant-governor
ofthis colony, to raise and levy soldiers, for carryingon
the present war, against the Spaniards, in America:
And this present general assembly beingdesirous. upon
all occasions, to testify their loialty and duty; and tak-
ing into their consideration, that there are in every
county, within this colony, able-bodied pei*sons, fit to
/:
MAY 1740— ISth GEOROE JI. '' Q5
flcrye his majestyy who follow no tawrul calling or em- •
plovmont:
11. Beit tlierejore enacted^ by the Lieutenant- Ocroemor^ Soldiers,
Cotmcily and BurgessesSf of this present General Jlssem- ^^^ ^"^P*" *'
Wy, and it is hereby enacted^ by the authority of the^ '
samef That it shall and may he lawful^ to and for the
jusii<os ()f the peace of every county within this colony,
or any three, or more of them, at any time hcfore the
fiist (lay of Docember next, within their several and re-
8p«'< tive coHnties. to raise and levy such able-bodied
men as do not follow or exercise any lawful calling or
emplo\ ni< ht, or have not some other lawful and suffi- '
cieiit support and maintenance, to serve his majesty, as* i ;
soldiers, in the present war, against the Spaniards, in
Arncrira: Ami to recjuire and command all sherifs, un-
der sherifsand constablei<, within their respective coun-
ties« to he aiding and assisting to them, in putting this
present act in execution; and Fdr that purpose, toissue
out warrants, under the hands and seals of any three,
or more of them, thereby requiring and commanding
such sherifs, under sh<>rifs, and constables, as afore-
said, every, or any of them, to make search, or cause
search to be made, within their respective countit.';, for
all such persons, asthey can. find, who are, or shall ap-
pear to them, to be within the description of this act;
and to bring before the said Justices, all sueh persons:
And in case the Justices, hereby authorised to put this ^^ enlist
act in execution, upon examination «f the persons broH
before them, in pursuance of this act, shall judge them
to be such, as are hereby intended to be entertained in
his majesty's service, thev shall immediately enlist
them as soldiers: And the said justices are hereby au-
thorised and required, by warrant under the hand and
seal of three, or more of them, to cause the person so
enlisted, to be delivered to the nearest constable, to be
conveyed from constable to constable, until they shall
be brought to his majesty's lieutenant governor of this
colony, at Williamsburg; and thei'e delivei»ed to him,
or ^cii other' person or persons as he shall appoint to
receive them. And every ])erson so eidisted, and de-
livered to a constable, by order of the said justices, as
aforesaid, shall be deemed a listed soldier, tf) all intents
-and puf*poses, and shall be subject to the discipline of ^
war; and in case of desertion, shall be punished as a de-
SiU^r. I^nA if any constable,, to whom sgiy soldier
96 LAWS OF VIRGINIA,
shall be so Aelivered, to l|c conveyed to the governof^
as aforesaid, shall «u6er such soldier^to escape out jof
his custody, or shall neglect or refuse to convey him to
the next constable, according to the directions of this
act; every such constable shall forfeit and pay the sum
•of five hundred pounds of tobacco, for every soldier he
shall so suffer to escape: And every soldier so escaping^
BMtpesy shall be punished as a deserter. And for the better se-
how punish- curing and safe conveying surh soldier, as shall be de
able. livered to any constable, by the justices, as afore^aid^
it shall and may be lawful, for any constable to whom
any soldier shall be delivered, as aforesaid, to require
and command tl|e aid and assistance of any person or
persons he ^hall think necessary, for the securing and
safe conveying of such soldier or soldiers. And if any
^person, who{30 aid and assistance shall be so required,
shall neglect or rjefuse to 'aid and assist accordingly, he
shall forfeit and pay^ for every offence, ^ve hundred
pounds of tobacco. '
IIL Proruided atwaiffSf Tha{ nothing in this ^t shair
extend to tlie taking^4)r levying ainy person to serve ae
a soldier, who hath any vote in tlie election of a burgess
or burgesses, to serve in the general assembly of this
colony; or who is or shall be an indented or bought v
servant
CHAP, IV.
4n Adi far dividing the Parish of Saint Mark, in the
County of Orange; and erecting the same into tivo
distinct Parhlies.
I. WV7 HERE AS, by reason of the large extent of
Oertwn pa. ^^ ^^^ parish of Saint Mark, in the county of
Qshesdivid- Orange, tlic minister, and inhabitants thereof, labour
<ad. under great difficulties and incpnveniencies: For the rcr
moval of which, for the future,
IL Be it enacted, by tlu Lieutenant'Ooroemor/Coun"
0U9 and Burgesses, of this present General Jasemblyt ancf
it is hereby enacted, by the authority of the same. Thai
from and after the first day of November next^ the said
parish of Saint Mark shall be divided by a line, to be
run from the Wilderness bridge, up the Mountain road.
to the head of Russeirun; thence down the said rnql
kAY ir40— I3th GEORGE II. gJ)^
to the river Rappidan; thence up the Rappidaiif to the
Bobinson riverf. and thence, from the said river» along
the ridge, between the Robinson and Rappidan, to
the top oC the Blue rid^ of mountains; and all that
part of the said parish, ^ruate on the .north side of
the said bounds, be erected into one distinct parish,
«Bd retain the name df Saint Mai-k; and all that othci*.
port thereof, situate on the south side of the said bounds,
be erected into one otlier distinct parish^ and called by
the name of Saint fliomas.
. III. JStud be it fur titer enacted by the authontjf afore-
jotd. That the present vestrymen of the said parish of
Saint Mark, ami that shall continue so to be, 'til the
said cKvision shall take place, shall be vestrymen of the
•aid new parishes of Saint Mark and Saint Thomas,
wherein they shall dwell respectively. And for comn
pleatiDg the number of vestrymen in the said parislied
«f Saint Mark and Saint Thomas, the freeholders and
iMHise keepers thereof, shall meet, at some convenient
time and place, to be appointed^ and publickly adver-^
tised, by the sheriif of the said County of Orange, be«
Ibre the first day of December ne:(t following; and
then and there elect such and so many of the most able
and discreet persons of their parish^ as will make up
the number of vestrymen, in each of the said parishes,
twelve, and no piore: Which vestrymen so continued
and elected, having taken the oath^ appointed by law^
and subscribed to be conformably to the doctrine and
discipline of the church of England, shall, to all intents
aod purposes, be deemed and taken to be the vestries
#if the said parishes, respectively. And the vestries
of the said parishes, respectively, are hereby imj^w?
er^ and made capable to take, receivet and hold, any
I inds, tenements^ or hereditaments, to be purchs^s^
tr given for a glebe, or glebes, for the use of the par-
sons of the said parishes, for the time bdng, forever/
N— Vol. 5.
Ftetmble.
inspectors,
when to at-
tend.
LAWS OF VIRGINIA^ .
CHAP. V.
4» JAdf far proUmging the time Jar bringing Tabdee^
to the 'public Warehmues; and Jar the sale of Tran^
fer Tdfocco.
I. ^nr HERE AS, by reason of the uncertain arriral
▼ T of the ships from Great Britain, it will be
necessarjt during the present war with Spain, toallovr
the inhabitants of this colony lonfj^r time for bringing;
their tobacco to the public warehouses, than is allowed^
lis the law now stands:
. II. Be it therefore enacted, by the IdeiUenant Oaver^
noTf Caunat, and Burgesses^ of this present Qentral JlS"
semblyf and it ig hertSy enacted by the authority of the
samcf That every inspectcir of tobacco shall constantly
attend at si»me or one of the wareliouses under his
charge^ fi*om the tenth day of NoTomber, untilthe last
day of August, Jn every year, during the continuance
of this present act, to receive and inspect tobacco, ex-
cept Sundays, and the holydayvobserved at ChristmaSr
Easter, and Whitsuntide, or when otherwise hindred
by sickness: And no tqbaecct shall be received front
that time, to the tenth day o4' November following. .
III. ^nd be itfurtlter enacted^ bv the authority ybre-
"When to ac-^^' That the time appointed by taw^ for the inspee*
eount for tors of every warehouse or inspection, to account for^
transfer to- and Sell the transfer tobacco remaining in their hands»
and the tobacco gained or saved, by the allowances for
cask, or shrinkage, shall be prolonged te the court
held for the county where the warehouse or inspection
shall be, in the month of October, yearly: And if
there be no court held in that month, such inspectors
may make oath to their accounts, before a justice, inr
the manner already directed.
IV. •And be it further enacted, by the authority afort^
saidf That this art shall continue and be in force^
fi'om tlie making thereof, until the first day of Septem-
ber, in the year of uur Lord one thousand seven bail''
dt*ed and foi-ty one^ and no longer.
bacco.
Limitation
of act
M4Y 1740-.lSth GEORGE It 99
CHAP. VI.
An Jkt, for cantinmng and amending the Jicf^ Intitii-
led, Ai Jictt for making mare ^ectual Provision.
against Invasions and Insurrections.
I. TX7HEREA8, the act of Amseaibly, laade in the
W first year of his majesty's reign, intituled. Preamble.
Jin' act for making more effectual prordsion against
htoasions and insurrections, (which having expired,
V118 revived by an act, made in the twelfth year of his
said majesty's reign,) will again expire on the twenty
first day of December, in the yetfr of our Lord one
tbousafiid seven hundred and forty one: And it being
CQcpedient, that the said act should be further continu-
ed,
11. Beitthereforeenactedphy the Lieut. Chreemorf Ckmn- Former act
«tfy and Burgesses of this present General Jissembly, and pn^^ued.
a u herdpff enacted by the authority of the same^ lliat
tiie said first mentioned act shall continue and be Hi
force, from the aforesaid twenty fii*st day of December,
in the year of our Lord one thousand seven hundred
and forty one, for and during the term of three years
then next following, and no longer*
III* And whereas, by one clause in the said recited
«ct, the governor, or commander in chief for th(^ time '**^**'*-
being, upon any invasion of an enemy, by sea or land,
•r upon any insurrection, hath full power and autimrity
to levy, raise, arm and muster, such a number of for-
ces of the militia of this colony, as shall be thought
needful for repelling the invasion, or suppressing the
instfrrection, or other danger; but no penalty is in-
flicted upon the officers of the militia, for neglex^ting or
refusing to execute such orders as they shall receive;
or upon soldiers for refusiii^ or neglecting to appear
when summoned to give their attendance, upon occasi-
on of any such invasion or insurrection: And for want
thereof, the good intent of the said act may be utterly
QOicacf ■»
IV. Be it therefore enacted^ by the authority afore- pinetonoflV
nouf, and it is lierdnf enacted^ That if any officer of .the cers. ^^
militia, who upon occasion of any incursion, invasion,
insurrection, or rebellion, or other alarm or surprise,
shall, at any time^ during the continuance of the said
ireclted act,^ receive any orders or instructions, from
iOO
LAWS OP VIRGINIA.
On soldiers.
the goyemor^ or commander in chietf for the time be*
ingy or from any other his superior oiBcer, either for
calling together the soldiers, or marching them to an^
particular place, AM neglect or refuse to execute suck
orders and instructions, in the best manner he is capa-
ble, every such officer so neglecting or refusing, shall
forfeit and pay • the sums following, respectively:
(That is to say>) every lieutenant of a county, the sum
of fifty* pounds; every colonel, lieutenant-colonel, and
major, the sum of thirty pounds; every captain, lieu-
tenant, comet, and ensigh, the sum of twenty pounds;
and eVery soldier who shall be summoned to appeal^
upon any such occasion, and shall fail so to do, or shall
fail to bring with him his arms and accoutrements, to-
getiier with one pound of powder, and four pounds of
Fines appro- ball, shall forfeit and pay the sum of ten pounds: One
priated. moiety of all which fb^feitures, shall go to our sove-
reign lord the King, his heirs and successors, for and
towards the better supplying that^ county, where the of-
fence shall be convmitted, with arms; and the other
moiety to him or them that will inform, or sue for the
same: To be recovered, with costs, by action of
debt, biH, plaint, or information, in any court of re^^
cord within this colony. ^
CHAP. VII.
Preamble.
Guardians,
tirben to ac-
count.
*9n MU for enforcing the execution of the laws made,
for the 'better managing and securing Orphans Es^
tates. * \ . •
L "W^HEREAS, the justices of many county courts
v T of this, colony have neglected to put in exe-
cution the laws made for the beUer managing avd se-
curing Orphans Estates^ to the great damage of many
such orphans: For remedy whereof,
IL Be it enacted^ by the Lieutenant Governor^ Coun-
cil, and Burgesses, of this present General Assembly, and
it is hereby enacted, by the authority of the same. That
every )>erson heretofore appointed, or hereafter to be
appointed, guardian to any orphan, by any county
court, shall, at the court held for that county in the
month of August^ in every year^or if no court shall be
MAT ir40^18th GEORGE 11, loi
Ibeii b^9 at the ne^t sacceeding court to he held tot
that county^ exhibit a true account of the profits of such
(Nrphan's estates, upon path, according to the directions
of the laws now in force: ' And the justices of every pu^y of jug.
county court shall, yearly, at the 3ame court, examine tic6».
into all accounts of guardians so to be exhibited to
ttem; and shall direct {Process to issue, returnable to
the next county court against all guardians that shall
then fail to appear and render such account, as afore-
said, whether such guardian be resident in the same,
or in any other county: And the said justices shall
then also enquire into* all abuses and mismanagements
of gnardians; and whether any such guardians, or
their securities^ are likely to become insolvent; and .
hereupon make and establish such orders and rules, as
they shall think fit, according to the power and autho-
rity given them, by the laws for that purpose made and
provided. And the justices of eyety county court,
who shall fail or neglect to do their duty herein, shall
forfeit and pay the sum of five thousand pounds of to-
bacco: one half to our sovereign lord the king, his heirs
and successors, to and for the use of the county; and
the other half to the informer: to be recovered, by ac-
tion of debt or Information, in any court of record in
this colony; wherein no essoin, protection, or wager of '
law, riiall be allowed, or more than one imparlance
granted*
III. Pnmded always, That nothing in this act shall Promise.
be construed to abridge or restrain the power of the se^
▼end county courts, to enquire, as often as they shall
think proper, into the abuses and mismanagements of
guardians; but that it shall and may be lawful for them
to exercise such power, in as full and ample manner, as
they might have done if this act had never been made;
any thing herein contained to the contrary, or seeming
to the contrary, in any wise, notwithstanding.
i03
LAWS OF YIROINIA^
CHAP. VIII.
4fi JIdf to prevent the recovery ofMmeyarethervakuu
bU tidngs won on wagers; aim ^or the more ^edual
restraint of Gaming at Ordinaries.
Preamble.
debts, not
L WTTHEREAS^the act, made in the first year ot
yl bis present majesty's reign, for preventing
epccessive and deceitful Oumingf hath been constmed
not to extend to horse-racing and coclc^fighting, which
have been found t» produce as great mischiefs as any of
the games in the said act mentioned; great numbers of
people following and frequenting the same, and losing^
considerable sums of money thereat, to the great im-
poverishment of themselves and their families. And
whereas, many quarrels, disputes, and contro? ersiev
have arisen, and many suits have been brought, and
are likely to be brought, npon wagers laid at t^ said-
liorse-racings and cock-fightings: For prevention
thereof,
IL Beit enaciedi by the Lieutenant- QavemorfOimn^
eUf and Burgesses f of this present General Assembly,
recoverable, and it is hereby enacted, by the authority of the same.
That from and after the first day of November nextf
di promises, agreements, notes, bills, bonds, judg^
ments, raort^ges, or other securities or conveyances
whatsoever, made, given, granted, drawn, or entered
into or executed, by any person or persons whatsoever,
where the whole, or any part of the consideration of
jMich promise, agreement, conveyances, or secnritieSf
shall be for any money or otiier valuable things whatso^
ever, Won, laid, or betted at horse-races, cock-fights,
•r any other spfirts or pastimes, or on any wi^er
whatsoever; or for the reimbursing or repaying any
money, knowingly lent or advanced for such uses, to
any person or persons whatsoever; or lent or advanced,
at|the time of such horse-racing or cock-fighting, shall
be utterly void, frustrate, and of none effect, to all in-
tents and purposes whatsoever. Any law, custom, or
usage, to the contrary thereof, in any wise, notwith-
standing.
III. And that where such mortgages, securities, or
other conveyances, shall be of lands, tenements, or
hereditaments, or shall be such as incumber and affect
th^ same, such mortgages, securities^ or other convey-
Seouritati,
void.
MAY 1740~lSth GEOROE IL - ^oa
anceSf shall enare^ and be to and for the sole use and
benefit of, and shall devolve iipon> such person or per-
sons, as should or might have or be entitled to such
landSf tenements, or hereditaments, in case the said
grantor or grantors ttiereof, or the person or persons
incumbering the same, had been naturally dead; and
as if such mortgages, securities, and conveyances, had
been made to such person or persons, so to be entitledf
after the decease of the person or persons so incumber-
ii^ the same: And that all grants or conveyances to
be made, for the preventing such lands, tenements,
or hereditaments, from coming to, or devolving upon^
such person or persons hereby intended to ^njoy ths
samet as aforesaid, sliall be deemed fraudulent and
void, , and oi none effect, to aH intents and purposes
whatsoever. And for preventing gaming at ordinaries^
which, of late, notwithstanding the wholesome provi-
sions in the said act made, hath been very much used,
to the fttin of the health and corruption of the' morals
of the youth of this colony, who, upon such occasions,
frequently fall in company with lewd, idle, and disso-
lute persons, who have no other way of maintaining
themselves, but hy gaming;
IV« Be it further enaded by the authority afore- penilty on
Moidf That if any Ordinary keeper, shall suffer or per- ordinarf
mit any person or persons whatsoever, to play at any keepen.
game of cards or dice (except back gammon) in his
house, either by night or by day, he, she, or they, shall
fNfetit and pay the sum of ten pounds: one half to our
sovereign lord the king, his heirs and successors, to
and for the use of the poor of the parish in which the
offence shall be tommitted; and the other half to the
Infbmer: to be recovered, with costs, by action of
debt, or information, in any court of record, in this
colony: And moreover, upon conviction, as aforesaid^
the license of such ordinary-keeper shall be, tjpM/odD^
v^id.
ji04 i-AWs OF Virginia;.
CHAP. IX.
JinJct^for appointing several new Ferries; and for
altering the Days ofliolding Fairs in the town qf¥r^
dericksburg.
L JOE it enacted, 'by the Lieutenant-Governorf Caun-
{Jew ferries O ^ ^^ Burgesses, of this present Oeneral Jissiem-
ertabliihed. j^y^ ^^ £^ j^ Jiereby enacted, by the authority of the
same. That public ferries be constantly kept at the pla-
ces herein aher nained^ and that the rates, for passing
the said ferries be as follows: On Potowmack ri-
ver, from tlic plantation of John Hereford, in Doeg's
Neck, in the county of Prince AVfttiam, over tbe river^
to the lower side >>f Pamimky, in Prince George coun-
ty, in Maryland, the price for a man one sl^ilUog, and
JTor a horse the same. From Hunting creek wurehouset
an the land of Hugh West, in Prince William county 9.
over the river, to Frazier's point, in Mai*yland, the
price for a man one shilling, and for a horse the same.
On James river, from the warehouse landing at War^
yfick, in the county, of Henrico; ovjcr the river^ to the
land of Thomas Moseley, the price for a man three
pence, and for a Iiorse three pence. From the town of
Southampton, across the mouth of Janies river, to the
borough of Norfolk, and to Nansemond town; aed
from the borough of Norfolk, and Nansemond town,
. to the town of Southampton, the price for a single man, or
single horse, seven shillings and six ponce; and if there
be more, for a lAan and horse, or men and borsesi five
shillings for each man and each horse. And that the
courts of theseveral counties, wherein such ferries shall
be kept, shall have power to appoint proper boats to be
kept at the said ferries, for the convenient transportar
tion o^oaches, waggons, and other wheel carriages:
that when such boats shall be so provided and kept^ it
shall and may be lawful, (or the keepers of such fer-
ries, to demand and take, for the ferriage and carriage
of such wheel carriages, tlie following rates, to wit:
For every coach, chariot, or waggon, and for the dri-
ver thereof, the same as for the ferriage of six horsesi^
according to the rates herein before settled at such fer-
ries, respectively: And for every cart, or four wheel
chaise, and the driver of such chaise, the same as for
the ferriage of four horses: and for every two whedf
MAY 1740— l:3tli 6eOR6£ IL 105
chaise or obair^ the same as for the ferriage of two hor-
•esy accot*cUng to the said rates, and no more. And
that the licenses for keeping the said ferries shall be
obtained in the same manner, and the keepers thereof,
have such exemptions and advantages, and be under the
like regulations and restrictions, as is and are by li^w
provided for, and in respect of the keejiers 6f pdblic
ferries heretofore settled and appointed.
11. Jhid be it further enacted. That for every hogs-
head of tobacco brought to any ferry, in order to be
transported over, the price of ferriage shall be the same,
as the ferriage of one horse, according to the rates
Settled at the said ferrj^.
11 L And whereas, no prices are settled for the fer-
riages for any other beasts, except horses, and keepers
of public ferries often exact exorbitant prices, for car-
rying sueh beasts over their ferries. Be it further enact- -
edf by the authority aforesaid. That at all and every
the ferries in this colony^ it shall arid may be lawful, to
arid for the keepers thereof, to deinand and take, for
the carriage of such beasts, the following rates; to wit:
For every head of neat cattle^ the same as for the fer-
riage of one horsey for every sheep, goat> or lamb,
one fifth part of the ferriage of one horse; arid for ev-
ery bog, one fourth part of the ferriage of one liorse,
and no more. And if any ferry keeper; or ferryman,
shall presumie to demand arid receive fi*oni any person
or persons whatsoever, any 'greater rate than what
Is allowed by law, for the carriage and ferriage of
any thing whatsoever, he or they, for every such of-
fence, shall forfeit and pay to the party grieved, the
ferriage demanded and received, and teri shillings^
To be recovered, with costs, before any justit6 of the
peace for the county, where such oflTeiioe shall be com-
mitted. . ^
IV. And whereas, the days appointed for holdirig « . • «
fairs at the town of Fredericksburg, in the toUniy of J^rickSidtl^
Spotsylvania, as they are now settled, are found td be
inconvenient. Be it further enacted, by the authority a-
foresaid. That, for the future, the said fairs shall be
held and kept, in the manner directed by the act, for
allowing fairs to be kept in the town of Fredericksburg^
on the Wednesday next after the court days of the said ^
county of Spotsylvania, in the months of June, and
O— Voh 5.
106 ^AWS OF VIRGINIA.
October, in every year; any thing in the said last i
tioned actt to the contrary thereof, in any wise, not-
withstanding.
CHAP- X.
Jin Jidffor establishing a Tanam in the county of Prin-
cess Anne; and confmUng the titles to lands pur-
chased therein.
tf«wtowii I. WV7HEREAS, it hath been represented to this
A **""su^ ^^ Assembly, that colonel Antliony Lawson,
ySS^Jd. Edward Mosely,^and William Mosely, jun. all now de-
ceased, did, in the year one thousand six hundred and
ninety seven^ purchase of one Simon Hancock, fifty
one acres of land, lying and being in the parish of
Lynnhavcu, in the county of Princess Anne, bound-
ed, as in the deed for the same, dated the second day
of February, in the year aforesaid, is particularly men-
tioned, and did lay out the same in lots and streets,
for a town, by the name of New Town; and made
sale of the said lots to divers persons, who have since
settled and built thereon: And that the said fifty on^
acres of land lie convenient for trade and navigation;
but because the same was not laid out, and ei*ected into
a town by act of Assembly, many controversies and in-
conveniencies are likely to arise: For preventing all
doubts in that matter,
II. Be it enactedt by the Lieut. ChroemoTf Councilf
and BurgesseSf of this present General Jhsemblff and it
is hereby enactedf by the authority of the same, That the
said piece or parcel of land, containing fifty one acres^
lying in Princess Anne county aforesaid, be and is
hereby constituted, appointed, erected, and establish-
ed a town, in the manner it is already laid out in lota
and streets, to be called by and retain the name of New
Town: And the estate and estates, rights and titles,
duly and truly purchased, by any pei-son or persons
whatsoever, in any of the lots aforesaid, be and they are
hereby confirmed, made good, available, and binding
in law, unto such purchaser or purchasers, respective-
ly. And the said purchasers, their heirs and assigns*
respectively, shall for ever hereafter, peaceably and qui-
1
MAY ir40— 15th GEORGE II. ^07
«tty have, hold, and enjoy, the same premises, accord-
ing^ to such purchased estates; any law, custom, or
usage, to the contrary thereof, in any wise, notwitb-
•tanding.
CHAP. XL
Jh. Jlctf to oblige the Justices of Surry County^ to re-
pair and maintain a Bridge over Nottoway River^'
AnAJofr permitting a Bridge to be bviltf by subscripti-
onf oroer Pamunky Mver; and to provide for the
support thereof .
I. 'WT'HEREAS, a bridge over Nottoway river, a'Bridgeiover
^^ a place called Hunt's landing, in the county ^^^^'^^^^'^^
of Surry, adjoining to the public road in that county, Jy nvento^
was lately built, by subscription^ and hath been found be buUt
to be very beneficia} and convenient for the people of
that county: And the said bridge being now n^uch de-
cayed, the justices of^the said county, upon applicati-
on made to thein, to cause the same to be repaired, at
the expence of the county^ have refused so to do,
IL Beit therefore enacted, by the Lieutenant Gover-
nor^ CkmncU, and Burgesses of this present General As*
senMy^ and. it is hereby enacted, by the authority of the
same. That the justices of the said county of Surry, do
forthwith agree with some undertaker, to repair the
bridge at the place aforesaid; and to make it fit for the
passage of horses, coaches, waggons, and other wheel-
carriages; and that they do al^ay^, afterwards, main-
tain and keep the same in good repair: And the justi-
ces of the said county, are hereby authorized and im-
powered, to levy the charge of impairing and maintain-
ing the said bridge, on th^ tithable persons in their
county.
III. And be it further enacted, bu the authority afore-
said. That if the said ju9tir^9 ^hall hereafter neglect or
delay to agree with worknien or undertakers, to repair
and maintain the said bridge; every justice, so refu-
sing or delaying shall forfeit' and pay the sym of five
pounds: one moiety to our sovereign lord the king, his
heirs and successors, to and for the use of that county;
and the other moiety to him^ her^ or them, that will
^08
LAWS OF VIRGINIA,
inform or sue for the same: to be recovered with tosts,
by action of debt, or infurmatiohy in any court of re-
cord, within this colopy and dominion.
IV. And whereas it hath been represented to this
assembly, by divers of the inhabitants of this colony,
tbut it will be y^ry advantageous and convenient to them
and others, to have a bridge built and maintained over
Pamunky river, from aplace called Newcastle, in Han-
over county, to the land of Edmund Littlepage, in
King William county: And they have prayed leave to
Vuild a bridge at the said place, over the said river,
by subscription;
* V. Be it further, enoQtedf iy the authority aforesaid^
Ths^t for the better building, ordering, and keeping in
rc^Vair, the said bridge, over Pamunky river, at the
place^ibresaid, it $hall be in the power of the justices
in the ppunty of Hanover aforesaid, and their succes-
sors, w|io are hereby nominated trustees, for putting
no much of .thifl act, as relates to the bridge last men-,
tioiicd* in execution, or any four, or more of them,
(one of whom to be of the quorum) to receive subscrip-
tions, and the money subscribed, fi-om every person
and persons, who shall be willing to make such sub-
scriptions; and to apply the same towards building a
bridge at the last mentioned place: And to design, di-
rect, and agi-ee with workmen, for building the said
bridge, so that the same be npt less than t\^elve feet
in breadth, and railed on cacli side three feet high,
with one arcn, fit least thirty feet wide, sufficiently
bigli for the passage of boats and Qats.
YI. And for the support and maintenance of the
last mentioned bridge. Be it further enacted^ by the
authority aforesaid^ Tliat the justices.^ or any four, or
mure of them, as aforesaid, or su9lr j)erson or persons as
t!iry shall appoint, shall, and may set up and erect, or
cause to be set up and erected, one or ; fnqr^ gate or
gates, turnpike or turnpikes, on, or across the said
bridge, as they shall think fit; and the tolls and duties
following, shall be paid and recc;ived, before any of the
tilings on which the same ar^ herein after imposed,
shall he permitted to pass through the said gates or
tuj'iipikes; that is to say: For every man, three pence,
and for every hors^, mule, or ass, tliree pence: For ev-
ej*y coacii, chariot, or waggon, and the driver thereof,
tjie saipe.as for six horses: And for every cart, or four
MAY 1740— Idth GEORG£ 11. i09>
vrfaed ckaise^ and the driver thereof^ tlie same as for
four horses: For every two wheel chaiset chair, or
other carriage, the same as for two horses: For every
pipe, or hogshead to be rolled over the said bridge, the
same as for one horse: And for every cask to he rolled
over, as aforesaid, two pence: For every drove of
oxen, or neat cattle, two shillings per score: And for
every drove of hogs, sheep, or goats, twelve pence
per score; and so in proportion for a lesser or great-
er number: Which said respective sum and sums of
money shall be demanded and taken in the name of, or
as a toll, or duty,. And the money so to be raised, is,
and shall hereby be vested, in the said justices; and
shall be paid, applied, and disposed of, to and for the
uses and purposes, and in such manner as is herein
after mentioned.
YII. J^ul be it further enacted f by the authority a^
faresaid,^ That the said justices shall, from time to
time, pay and apply the money arising from the profits
of the said gates or turnpikes, so to be erected, lor and
towards the repair of the said bridge, and gates or
turnpikes; and afterwards towards satisfying and pay-
ing the subscribers, their executors, administrators, or
assigns, the several sum or sums of money by them
subscribed and paid towards building the bridge, and
gates or turnpikes aforesaid, v^ith lawful interest for
the said money, from the time of advancing the same,
until it shall be paid: And the remainder of the mone^
arising as aforesaid, (if any) shall be applied to the
use of the county, for lessening the levy by the poll^
VII. Jind be it further enacted. That the said justi-
ces shall and may nominate and appoint one or more
fit person or persons, to receive and collect the tolls
and duties aforesaid; and to see that the said bridge,
gatesy or turnpikes be repaired and amended, and the
arches of the said bridge kept clear from rubbish and
old trees: and from time to time remove such person
or persons, as they shall see occasion, and appoint new
ones, in case of death, or such removal: And the per-
son or persons so appointed to receive the toll or du-
ties, as aforesaid, shall account, before the said justices,
at their courts held in the months of March, and Sep-
tember, yearly, or oftener, if required, upon oath, for
all monies which he or they shall have received and
paidjr by vivtoe of this act: And the said justices shall
y I
^40 LAWS OF VIRGINIA, ;
and may, out of the money arising, as aforesaid, mak«
allowance unto such person or persons by ^ them to be
appointed, as aforesaid, for his and their care and trou-
ble in the execution of his or their office, as to them
shall seem good; always taking bond, with gooA and
sufficient security, from such person or persons, at the
time of their appointment, for the due and faithful ex-
ecution of his or their office, and rendering such ac-
count; which bond, upon any breach of the condition,
the said justices shall cause to be put in suit; and shall
tipply the money recovered thereon, to the uses to
which the toll or duty is herein before appropriated:
And the judgment obtained on tlie said bond, may be
renewed by scire fadaSf and assigning a new breach,
in the manner already prescribed for suits on bonds for
performance of covenants.
' IX* Prorcided always^ That nothing herein contain-
ed, shall extend to compel any person or pei sons to pay
any toll or duty, where, by law, they are exempted
from paying ferriages.
X* Jind be it further enadedf by the authority afore-
saidf That if any suit shall be commenced against any
person or persons, for any tiling done, in pursuance of
any part of this act, relating to the last mentioned bridgey
tlie defendant or defendants, in such suit, may plead
the general issue, and give this act and the special mat-
ter in evidence.
CHAP. XII.
^n Jlcffor raising a Public Levy.
Poblk uxes. !• W E it enacted f by the Lieutenant-Ckroemorf Coun^
m3 cUf and Burgesses^ of this present General Jtssem-
Uy, and it is hereby enactedf by the authority of the
samCf That six pounds of tobacco be paid by every ti-
thabie person within this dominion, for the defraying
and paiment of the public charge of the country, being
the public levy, from the first day of November, one
thousand seven hundred and thirty eight, to the two
and twentieth day of May, one thousand seven hundred
and forty: And that it be paid by the collectors of the
several counties, to the several persons and counties
respectively, to whom it is proportioned by this gene-
ral assembiy. And if it shall happen, that there shall
MAT 1740— 13th GEORGE If, m
"be more tithaUes in any county than the present levy ii
laid on^ then such county shall have credit for so much»
to tlie use of the county; and if fewer tithables in any
county* then such county shall bear the loss,
II. Provided always^ That where any allowance is
made in the book of proportions to any county* to be
jiaid in the same county; no more ])er poll shall be col-
lected from the tithables of such county* than willdis^
charge the balance* after such allowance shall be de-
ducted: And that every county court shall regulate the
levy accordingly*
IIL And be it further enacted, by the authority afore-
said^ That the sheriff of every county shall* at the time
of giving bond for the due collection and paiment of the
Itext county levy* also give bond and security for the
due collection and paiment of the public levy* now laid
and assessed.
CHAP. XIII.
iin Ad for Docking the Entail of certain Lands in
the county of Charles City; and vesting the same in
Philip Lightfoot* Esquire, in Fee Simple.
I. WHEREAS Philip Lightfoot* late of James Ci-
^^ ty county* gentleman* deceased* being seized ^led^kndi
in fee simple of and in three several trafts or parcels of vested in
land in the parish of Westover* then in the county of Philip Ligbi^
James City* but now in the county of Charles City,*^^-
did* by his last will and testament* bearing date tlie
thirteenth day Of August* in the year of our Lord* one
thousand seven hundred and eight* give and bequeath
anto his eldest son Francis Lightfoot* and the heirs of
his bedy lawfully begotten* forever* the said tracts of
Und* by the name of all that his tract or dividend of
land* containing five hundred acres* whereon he then
lived* and purchased of Edward Chilton* who purcha-
sed the same of John Edioe* deceased. And also part
of his land which he escheated from Thomas Willuns*
deceased* whereon his quarter then stood; as also two
hundred and ninety acres more* joining on the said
quarter land* purchased of KdwanI Chilton: But in
case bis said ton Francis should die without such heir.
£12 i-AWS OF VIRGINIA*
then he gave all the above mentioned tracts to his soh
Philip Lightfoot^ and the heirs of his body lawfully be-
gotten^ forever; as by the said last will, reference be-
ing thereunto had^ may more at large appear.
II* And whereas, the said Francis Lightfoot* after
the death of his father, entered u(>on the aboVe menti-
oned lands; and having purchased some adjoining
tracts, whereby the said devised lands are become
• more profitable, and of much greater value: And ap-
prehending he had a fee simple, as well in those devis-
ed, as those he purchased, did, by his last will and
testament, ^bearing date the sixth day of January, in
the year of our Lord one thousand seven hundred and
twenty seven, give unto his daughter Elizabeth the
sum of one thousand pounds sterling; alfid all the re-
mainder of his estate, real and personal^ wheresoever
lying and being, to his son Francis Lightfoot, and the
heirs nftie of his body lawfully begotten: But in case
his said son should die without issue male, or there
should be any failure thei-eafter in the male line, then
he gave all his said estate real and personal to his bro-
ther the said Philip Lightfoot, and his heirs forever,
he or they paying to the daughter of his said son, or in
case there should be none such, to his daughter Eliza-
**^ beth, the ^um of two thousand five hundred pounds
current money, in full compensation of the same; as
by the said last mentioned last will, reference being
thereunto also had, may moif^ fully and at large ap-
pear.
III. And whereas the said Francis, the son of the
said Francis, is dead, without issue, and Beverley
Randolph, of Henrico county, genUeman, hath inter-
married with the said Elizabeth, to whom the said Phi-
lip Lightfoot hath paid the said several sums of one
thousand pounds sterling, and two thousand five hun-
dred pounds current money, according to the will of
the said Francis Lightfoot: And whereas, notwith^-
standing such paiment, the said Beverley Randolph
hath brought two several actions of trespass and ejeci*
ment, for the recovery of the said lands, in right ofhis
said wife, as intailed upon her, by the will of the ^d
Philip Lightfoot: And the said Philip Lightfoot hath
brought a suit in chancery against the said Beverley^
and his wife, for the recovery and repaiment of so
much of the money by him already paid to Otb said
MAY 1740— ISth GEORCaS II. fig
Beverley^ as the said devised lands are reasonably
worth, or shall be valued at^ .
IV. And whereas, for avoiding the great exocnco
with which the said law suits must neccssar}]> be at"
tended; and for that the said lands devised bj the said
Philip Lightfoot, if recovered by tl>c said Beverley
^Pandolph, and Elizabeth his wife, will b(;of small va-
lue to them, without the adjoining lands, purchased by
the said Francis Lightfoot, and the whole together will *
be very valuable to the said Philip.Lightfoot, they, the
said Beverley Randolph, and Elizabeth his wife, and
the said Philip Lightfoot, have come to an'agi*eement,
that in consUlen^tion of a certain sum of money, to be
paid by the said Philip Lightfoot, to the said Beverley
iiandolph, he the said Philip Lightfoot, shall have and
enjoy the said devised lands, to him and his heirs*
And forasmuch as notice has been given in the pariish
church whemn the said lands lie, of the intended ap-
plication to this general assembly, to dock the intail of
the said lands, pursuant to your majesty's instructions!
therefore, for quieting the suits and conti*oversies a-
foresaid, between the said parties^ and for establishing
the agreement aforesaid, between them, and for pre-
serving all the lands whereof the said Francis Lightfoot
died seized in his n^uie,. according to the plain intent' i
^nd meaning of his will aforesaid; and for that the said
Philip Lightfoot is Uie next in remainder, under the
will of the said Philip Lightfoot, deceased, in case of
the death of the said Elizabeth, the wife of the said
Beverley Randolph, without issue, may it please- your
most excellent majesty,, at the humble suit of the said
Philip Lightfoot, Beverley Iiandolph, and Elizabeth
bis wife« that it may be enacted,
V. *And be it tnojcUd, by ilhc Lieutenawt Governor,
Couudlt and Burgesses, of this present General ^ssem^
bly, and it is hereby enacted, by the autliority of the
^me. That a|l the said lands^ so as aforesaid devised,
h} the last will and testament of the said Philip Light-
&ot, to his said son Francis Lightfoot, with all and
lingular tlie appurtenances tliereunto belonging, be, and
are hereby vested in the said Philip Lightfoot, his heirs
and assigns, to the only use and behaof of the said Phi-
lip Lightfoot, his heirs and assip^ns, forever: And he
the said Philip Lightfoot shall hold the same, free and
P_Vol. 5,
H4 LAWS OP VIROINIA,
discharged from all the limitations in the last wil! and
testament of his father Philip Lightfoot, deceased.
VI. Saving to the king's most excellent majesty, lii»
heirs and successorsr and to all and every other person
and persons, bodies, politic and corporate, their re-
spectivc heirs and saccessoi*s, other than the persons
claiming under the last will and testametit of the* said
Philip Lightfoot, deceased, all nnch right, title, inter-
est, claim, and demand, as they, every, or any of ihem,
should or might claim, if this act had never been made.
yil. Prcnmed always f That the execution of t\m
act shall be and is hereby suspended, until his majes-
ty's approbation thereof shall be obtained^
Certain en-
tailed lands
vested in
Richard
Chapman*
CHAP. XIV.
Jn AcU for Docking the Entail of certain lands^ in the
county of King iVilliam, and vesting tlie same in
Richard Chapman, gentleman, in Fee Simple; and
for settling other Lands and Slaves, of greater valuCf
to the same uses*
I. "WVTHEREAS Richard Johnson, late of the
TV county of King and Queen, esquire, deceas-*
ed, being seised of divers lands, tenements, and liere-
ditaments, made his last ^ill and testament, in sui-
ting, Bearing date the eighth day of April, one thou-
sand six hundred and ninety eight; and thereby, a-^
mong other things, devised to one Thomas Johnson,
since deceased, a tract or parcel of land, lying and be-
ing in the parish of Saint John, in the county of King
William, by the name of all his plantations, tract, or
dividend of land, lying in Pamunky Neck, on Paman-
ky river side, which he bought of the Sneeds, and
others, containing seven hundred and fifty aciTS, be-
tides the sunken grounds and meadows; to bold to the
said Thomas Johnson, and his heirs, for ever; And
"by his said will, also devised divers lands and heredit-
aments to Richard Johnson, and Willium Johnson,
brothers of the said Thomas Johnson; and declared
his will to be, that if either of them the said Thomas^
Richard, and William Johnson, should die before they
^me to tlie age of twenty one years, or without h^r of
MAY 1740— IStti GEORGE II, HJ
their bodies^ that all tht? ^tate real gi?en to liim so dy-
ing, should be equiilly di?ided betwixt the two survi-
Tiiig brothers, with divers other limitations in the said
wiil partic ulai*ly mentioned, as by the said will, proved
and recorded in the county court of King and Queen,
reiatioB being thereunto had, may more at large ap-
pean
. II. And whereas, after the death of tfie said Rich- ^
ard Johnson, tiie testator, the said Thomas Johnson
enten^d into the lands 6o as aforesaid devised to hir^, '
and died, leaving issue Nicholas Johnson, his eldest
son and heir, who entered into the said pi*emises; and
auppusing he had an estate in fee simple in the same,
did, i>y indentures of lease and release, bearing date
the twenty first and twenty second days of April now
last past* in consideration of the sum of six hundred
pounds, sell and convey (among other lands in the said
deed mentioned) six hundred acres of land, part ef the
said devised lands, to one Richard Chapmati, of the
county of King William, gentleman, as by the said in-
dentures recorded in the county court of King H il-
liam, relation being thereunto had, may more at large
^pear:
ill. And whereas, the said Richard Chapman is ap-
prehensive, that the lands so as aforesaid devised to tiie
faid Thomas Johnson, are entailed by the will of the
said Richard Johnson; and that the said Nicholas
Johnson hath only an estate tail therein:
ly. And whereas, .the said Nicholas Johnson is
seised, in fee siinple, of one tract or parcel of land,
with the appurtenances, lying and being in the parish
of Saint Martin, in the county of Hanover, containing
six hundred acres; four hundred acres, part thereof,
.being a moiety, or half part of eight hundred acres, of
land, given an4 granted to the said Nicholas Johnsoti,
and his brother Richard Johnson, by their grand fa-
ther Nicholas Meriwether; and the remaining two
haiidrod^ acres having been lately purchased by the said
Nicholas Johnson of one Abraham Yenables, and
Conveyed to him by the sai^ Abraham Yenables, by
^eed of Feoffment, bearing date the sixth day of
March last past, recorded in the county court of Han-
over aforesaid: And the said Nicho)i\^ Johnson is also
possessed of fourt^^en negro slaves, commonly (.aUed
|md named, as follows: Danie^ Qavid^ Tom^ West^
11^ LAWS OF VIRGINIA,
Hainpton,]Bristo1, Charles, James, Betty, Kenny, Nau^
ny, Sarah, Amy, and her son Charles; wliich said
last mentioned lands and slaves, are of greater value
than the said six hundred acres of land, so sold by Uie
said Nicholas Johnson, to the said Richard Chapman:
And the said Nicholas Johnson being willing and de-
sirous to mal^e and secui-e a good and absolute title to
the said Richard Chapman, in and to the said six hun-
dred acres of lands so sold, hath agreed with the said
Richard Chapman, that the said lands in the county of
Hanover, and the slaves before mentioned, shall be
settled to the same uses, as the said devised lands are
limited and settled, by the last will and testament of
the said Richard Johnson. And forasmuch, as notice
liathbeen published three Sundays successively, ii^the
churth of the parish of Saint, John afore.said, that ap-
plication would be made to this general assembly, to
vest the said six hundred acres of lands so devised by
the said Richard Johnson to the said Thomas Jolinson,
in the said Richard Chapman, in fee simple, upon set-
tling other lands and slaves to the uses mentioned in
the will of the said Richard John.^on, pursuant to your
majesty's instructions; ipay it tlicrcfore please your
most excellent majesty, at the humble petition of the
. said Nicholas Johnson, and Richard Chapman, that it
may be enacted,
V. wJnd he it enactedf by the Lieutenant Goroeni-
WTf Ccnvncdy and Burgesses^ of this present General As-
sembly, and it is hereby enacted, by the authority of tht
•same. That the said six hundred acres of land, witfe
the appurtenances, in the county of King William, par-
cel of the said iands, so as aforesaid devised to the said
Thomas Johnson, by the last will and testament of the
said Richard Johnson, and sold and conveyed by the
said Nicholas Johnson, to the said Richard Chapman,
as aforesaid, shall be and are hereby confirmed to, and
yested in the said Richard Chapman, his heirs and as-
signs, forever. And the said Richard Chapman, his
heii*8 and assigns^ shall hold the same, fi-eed and dis-
charged from all the limitations mentioned in the last
will and testament of the said Ricliard Johnson: And
that the said six hundi*ed acres of land in the county of
Hanover, and the said fourteen slaves herein befero
mentioned, shall be and are hereby vested in the said
Nicholas Johnson, t#such U3c and uses, and ftir such
MAY 1740— 13th GEORGE 11. 117
estattt and estates, and subject to the like limitations^
as the said six hundi^ed acres of land in the county of
KJng Wiiliani, are andstand limited by tlielast will and
testament of the said Richard Johnson, deceased. And
the said'Nicholas Johnson, and all others, claiming un-
der him, shall have, and may hold and enjoy the afore-
^d landsln the county of Hanover^ and the said slaves,
with their and every of their future increase, in the
manner as he.or they could or might have lield and en-
Joyed the said six hundred acres of land in the county of
King William, in case the same had not been sold or
conveyed, as aforesaid; or as if this act had never been
made; and not otherwise.
VI. Saving to the king's most excellent majesty^ his
heirs and successors, and to all and every other person
and persons, bodies politic and corporate, their respec-
tive heirs and successors, all such right, titlc^ estate,
interest, claim, and demand, (other than the persons
claiming under the last will and testament of the said
Richard Johnson,) as they, every, or any of them, could
or might claim, if this act had never been made.
VII. Prorcided always f That the execution of this
act, shall be and is hereby suspended, until bis majt\s-
ty's approbation thereof shall be obtained.
CHAP. XV.
Jin Jldf for vesting certain SlaveSf late the Estate of
William Chamberlayjie, deceased, in Trustees, for '
"^the uses tlierein mentioned.
1. V)|7HERE AS William Charaberlayne, late of the Ceruin
TT county of New Kent, merchant, deceased, be- ^^ves of
ing seised and possessed of a considerable real and ^"^706^"
personal estate, did, by his last will and testament, in vested in
writing, bearing date the first day of October, in the tmrtces.
year of our Lord one thousand seven hundred and thir-
ty five, among other things, will and direct, that all
his negros and other slaves, (except those specifically
devised,) should be equally divided into four lots or
parts. And that the said division should be made by
the Reverend Daniel Taylor, U:\iiiel Parke Custis,
Richard Littlepagc, and Francis West, or any three of
them: And, in case of their d^th, or refusal, then
ii$
LAWS OP VIRGINIA.
by a like number of proper persons thereto to be ap*
pointed by the court of New Kent county: And, s^-
ter such division, that his wife should have iUv first
^choice of one of the said lots of slaves! Tu have and
to hold to her, to her own proper use and benefit, dur«
ing the term of her natural life: And, after her de-
cease, to go and descend t(» such of his children, as
she shoulo think fit to devise and bequeath the same
unto. And, by his said will, gave and devised to his
three sons, Edward Pie, Richard, and Thomas, di«
vers lands, tenements, and hereditaments; and to his
two danghters, Mary and Eliz.ibeUu five hundred
pounds sterling a piece; anil made his said sons resi-
duary legatees; and appointed his wife Elizabeth,
sole executrix of his said will. And, some time after-
wards, the said William Uhamberlayne, made a codi*
oil to his said wilK as by the sairt will and codicil, "prov j
ed & recorded in the county court of >iew Rent, rela-
tion being thereunto had, may more at large appear:
IL And whereas, after the death of the said Wil-
liam Chamherlayne, his slaves were divided into four
lots, pursuant to the directions of the said will; and the
said Elizabeth, the wife of the said William Chamher-
layne, made choice of one of the said lots, in which
were contained thirty thi^ee slaves, called and named^
as follows: Old Jack, Lightfoot, Ned Littlepage^
Bridget Scotland, Qeorge Smithy Hedge, Happy* Dur-
ham, Edom, Monkey Joe, Tom Possum, Greenwich,
Hagar, Sarah Slade, Nan Scotland, Sarah TliorntOB,
Mars Davice, Charlton, Daudy, Judith Lightfoot,
Julius, (Judith's son,) Judith^s Sarah, Sarah Oi'dinary,
Joanna, Will Sanders, Cam Gibson, Humphry, Sol.
Gihson, Susanna Scotland, Dinah« Sue, (Jenny's girl,)
Charles Nanson, Abraham, and old Bridget; as bf
th9 said division of the said slaves, recorded in the
county court of New Kent* aforesaid, may ap|iear:
III. And whereas, the said ElizabeMu at the death
of her said husband, was privily ensient, or with child,
and some time after his death, was delivered of a daughr
ter, named Ann? Kidley; for which said posthumous
daughter, no provision is made by the will of her said
father William Chamherlayne:
IV. And whereas, the said Elizabeth, some time
after the death of tier said husband William Chamber-
iayne, intermarried with William Gray^ of the county
MAt ir40^1Sth GEORGiS IL ilf
fd New Kent; but, before the said marriajs^y hfXng
willing and desirous ti make some provision for her
said daughter^ Anne Kidley, did enter into one bond^
or obligation^ to one William Acril» gentleman^ in tlio
penalty uf«one tliousand pounds, bearing date the tenth
da> of March, one thousand seven hundred and thirty
seven, with condition, among other things, to give her
daughter, the said Anne Ridley, all the slaves, and
their increase,' devised to her by the will of the said
William Chamberlayne, after the death of tlie said
£lizabeth; and to endeavour to procure an act of as-
sembly to establish iind confirm the said child's rii^htto
the said slaves^ as by the said bond, and condition, al-
so recorded in the county court of New Rent, i-elation
being thereunto had, may more at large appear:
V.v And whereas, the said William Gray, and Eli-
sabeth his wife, have made application to this present
general assembly, that an actvmay pass, for settling the
said slaveSf according to the condition of the said bond:
And forasmuch as it may be questioned, Whether the
•aid Elizabeth, by virtue of the power given to her by
her said husband's will, can devise the said slaves to
the said posthumous child; and for that no provision
is made for such child, by the will of her said father;
and all the other children of the said testator are amply
provided for; and it is reasonable to suppose the said
testator would have made some provision for such pos-
thumous child, if he had known his wife had been en-^
sient: Therefore, for making such provision,
VI. Be it enacted^ by the Lieutenant- Oovemarf Cmm-
dlf and BurgessesSf of this present General Assemblyi
and it is hereby enacted^ by the authority of the same.
That the said thirty three slaves^ herein before menti-
oned to be allotted and chosen by the said Elizabeth,
as her part and share of the slaves of her said deceased
husband, together with all the increase they have had
since the same were so allotted and chosen, and all the
increase they shall hereafter have, shall be and they are
hereby vested in Richard Littlepage, & Thomas Arnott,
both of the county of New Rent, aforesaid, gentlemen^
their heirs and assigns: upon this special trust and confi-
dence, that they do and shall permit and suffer the said
William Gray, and Elizabeth, his wife, during the life
of the said Elizabeth, ip have, hold, use, occupy, pos-
•ess, and enjoy^ the said slaves^ and their increase^
^
iiO LAWS OF VIRGINIA.
without any molestation^ hindrance, or inte^ruptioi^
wliatiioever. And from and after the death of the said
Elizabeth, the said Richard Littlepajs^e, and Thomas
Arnott, shall stand and be possessed of the said slaves^
and their inci*easc,' in trust to, and for the sole use, be-
iiefitand beboofof the said AniieKidiey Chamberlayne,
daughter of the said AVilliam Chamberlaiyne, by the
said Elizabeth, his wife^ and her heirs and assigns,
tor ever.
VII. Provided ahvays, That if tiie said Anne Kid-
li\v Chamberlaync shall die, in the life time of the said
Elizabeth, her mother, before she arrives at the age
nt one and twenty years, or is maiTied; then, and in
I hat case, it shall and may be lawful, to and for the
said Elizabeth, to dispose of the said slaves, and their
increase?, according to the power and authority given
la her, by the last will and testament of her said hus-
band, William Chamberlayne, in the same manner, as
if this act had never been made.
VIII. Provided also. That if the said Anne Ridley
Cliamberlayne, shall depart this life, after the death of
tho said Elizabeth, her mother, and before she arrives
la the age of one and twenty years, or is married; then,
h\ that case, the said Richard Littlepage, and Tho-
mas Arnott, their heirs and assigns, shall stand and be
possessed of the said sHivos, and their increase, in
trust, and to and for the use of the said Edward Pie,
Richard, Thomas, Mary, and Elizabeth Chamber^
layne, childi*en of the said William Chamberlayne,
and their hell's and assigns, to be equally divided be-
tween them.
IX. Saving to the king^s most excellent majesty; his
heirs and successors, and all and every other person and
persons, bodies politic and corporate, their respective
licii^s and successors, (except the heirs of the said Wil-
liam Chamberlayne, and all and every person and per-*
hons claiming under the last will and testament of the
said William Chamberlayne.) all such right, title, inter-
est, claim and demand, of, in, or to, the said slaves,
and their inci*ease, as they, every, or any of them, could
(tr might claim, if this act had never been made.
\
AT A
4S^mtui %^^miAi?,
SUMMONED TO B^ HELD AT
Wm Goochy
esq. Govern-
or.
f
The Capitol, in the City of IFiUiamshurg, on Friday^
the fr$t day of Ji'uguBt, in the mntk year of tAe
reign of our sovereign lord Geotge the Second, by the
grace of Ghd, of Oreat-Britain, France, and Ire,
land, King, Defender of the Faith, ^c And from
thence continued, by several prorogations, to the ttoen^
ty first day of August, in the fourteenth year of his
said Majesty* s reign, arid in the year of our Lord,
1740: Being the fourth Session of this present Gen*
tral JlssenMy.
CHAP. I.
JlnActfur giving to his Majesty the sum of Jive tluni^
sand pounds, towards deframng the expence of Vict-
tuaUing and Transporting the Soldiers, raised in tins
Cot&ny, to serve his Majesty on an intended Expedi-
tion against the Spaniards tn the West-Indies. i
L XTTHEREASy bis most sacred majesty, for vin*
TT dicating the honor of his crown, for securing preamble,
the trade and commerce of his subjects, and for reven-
ring the cruelties, depredations, and insults committed
by the subjects of Spain upon those of Great-Britain,
hath thought it necessary to enter into a war with
Spain: And whereas, in pursuance of his majesty's
roial instructions to his lieutenant-governor, a number
of soldiers hare been inlisted in this colony, to serve
his majesty on an intended expedition against the Span-
iards in the West-Indies: And whereas, his majesty
hath recommended to, and required of his good sub-
Q_Vol. 5.
i2^ LAWS OF VIRGINIA,
^ je<;t9 of this colony, to provide for and Aetwy the qk«
pence of victuallinj^ and transporting the said soldiers,^
and all other incident charges attending the inlisting
of them, (except their pay, cloaths, arms, and amran-
nitiony) 'till their arrival at the general rendezvous ia
the West-indies: And this present General Assem-^
biy, desirous to give the utmost testimony of their loi-
alty and affection to his majesty's person and govern-
ment, have resolved to give such a sum of money, as
the circumstances of this colony >vill allow, towards
defraying the said expenre and charges: notwithstan-
ding the present low condition of the public treasury,
and that money cannot be raised, without borrowing
the same, on the credit of the small revenues arising
By the duties upon liquors and slaves:
Tt«Murcr to H* ^^ *^ therefore enacted f by the Lieutenant-Crirvem-
pay to the Of, CouficU aim BurgesseSf of this present General
^jernor Jissemblyf and it is hereby enacteif by the autliority of
^^ the sdmef That the treasurer of Has colony shall, and
be is hereby im powered and required, out of the pub-
lic monies now in his hands, or which shall hereafter
cowlk to his hands, and by borrowing so much as there
shall be occasion for, in manner as hereafter is men-
How to be tioned, to pay to the honourable William Croochf Esq..
applied. jjj,^ majesty's lieutenant-governor of this colony, the
sum of five thousand pounds; to be by him applied to-
wards providing victuals, transports, and other neces-
saries, for the soldiers, so as aforesaid raisedr or to be
raided in this colony, for bis majesty's gervrce, as hece-
in before is mentioned,
ih Whatman- IlL ^nd be it further enacted by the authority afore-
nerto be ^^f^^ That for raising the said sum of five thousand
^^ ' pounds immediately, as the nature of the service to
which it is to be applied requires* the, treasurer of this
colony be and he is hereby im powered (d borrow the
said sum of five thousaivd pounds, or so much thereoCi
as he shall find necessa:rjr and expedient, at an interest
not exceeding six per cent And for encouraging per-
sons to lend money upon this occasion,
iJuoraa^nT ^^^'' ^^ it further enacted by the authority aforesaid,
slaves, to be That the revenues or duties arising by the importation
security for of liquors and slaves, sliall, and they are hereby de-
the repai. eland to standi be, and remain, as a security, for the
nejhomw' '^^P^""^*"^ of the money, with interest, so to be borrow^
cdf «d ^y the treasui^cr, as aforesaid. And the said treasures:
AUGUST 1740— 14th GEORGE IL 128.
18 hereby required to repay the money so to be borrow-
ed^ with interest^ out of the first public monies that
ehall come to his hands, either by receipt of the du-
ties aforesaid^ or otherwise.
AT A
BEGUN AND HEI.D AT
Wm. Gooch, ^^ Cajritolf in the City of WiUiam$hurg^ the siocth day
esq. govern! of May 9 in the JifteeiUh year oftlie reign of our so-
or. vereign lord George IL by the grace of Bpdf of Great
Britainf France f and Iriland, King^ Defender of the
Faiths Sfc. and in the year of our Lord, ir42,' Being
the first session of this Msembly,
CHAR I.
Preamble J^n dd* for reducing the Laws made, for amending the
Staple of Tobacco; and for preventing frauds in his
Majesty* s Customs, into one act of JissenMy.
1. V)|7HEREAS the act of Assembly^ made in the
T T third and fourtli ye^irs of the reign of his pre-
sent majesty^ intituled, an act, for amending the sta-
ple of tobaccOf and for preventing frauds in his mejes-
ty*s customs; and the several subsequent acts made,
for amending and continuing the same; have been found,
bj experience, to be very useful and beneficial laws;
greatly tending, as well to the improvement of the sta-
ple of this colony, and preventing frauds in the cus-
toms, as to the encouragement of fair and upright trade
and dealing: Which said acts will expire on the ninth
day of November next. And whereas, through the va-
rious alterations and amendments of the said first reci-
ted act, in and by the said subsequent acts, the said
laws are rendered somewhat difficult to be understood;
whereby the moi*e ignorant sort may be exposed to the
pains and penalties therein, for want of sufficient know-
ledge of the same. And this present General Assem-
bly being fully convinced of the importance of the said
MAY 1742— 15th GEORGE II. ^25
laws to the good and welfare of this colony; and having
also a due regard for the ease and security of the peo-
ple thereof, have thought it expedient, that the said
lai^^ with some amendments, should be re-enacted
and reduced into one act:
II. Be it therefore enacted, by the Lieutenant Gavem- All tobac-
or, Ckmndlf ana Burgesses of this present General As- ^ exported
stmblyf arid it is hereby enacted by the autliority of the^^H ^gilaU*
samCf That for the more effectual preventing the cx-beinipccted.
portation of trash, bad, unsound, and unmerchantable
tobacco, all tobacco, which from and after the ninth
day of November, in the year of our Lord one thousand , •
seven hundred and foii;y two, shall be exported out of
this colony, (except only sucli tobacco as hath been or
•hall be viewed and inspected, according to the dlrec-
tion« of the laws now in force,) shall be first brought to
some, or oneof the public warehouses licrein after men-
tioned; and shall be there viewed and inspected, in
manner, as herein after is expressed*
III. And be it further enacted, by the autluYi'ity afore-
saidf That no person shall put on board, or receive i"-^enoii ^^
to any ship, sloop, boat, or other vessel, in order to be board for ex-
ttcported tiierein, any tobacco not packed in hogsheads, portation,
casks, or cases, upon any pretence whatsoever; nor in but from a
any hogshead, cask, or case, to foe in that, or any other^^^^^^ ^^'
Aifp sloop, or vessel, exported out of this colony, be-
fore the same shall liave been viewed and inspected,
according to the directions of this act, (except as before
excepted:) But that all tobacco whatsoever, to be re-
caved or taken on board any ship, sloop or other ves-
sdy aiK) to be therein exported, or to be carried or put
OR board any other ship, sloop, or vessel, for exporta-
tion, as aforesaid, shall be received or taken on board
at the several warehouses, for the purpose herein af-
ter mentioned, or some, or one of them, and at no other
place or places whatsoever. And every master, mate
or boatswain, which shall arrive in this colony, in or- ^?*^®^ ®^
der to lade tobacco, during tlic continuance of this act, gblSfbc ^
shall, befcMre the said ship or vessel be permitted to take swom.
en board any tobacco whatsoever, make oath, before
the navid officer of the district wherein such ship or
Tessel shall arrive, (which onth the said naval officer
is hereby impowered and required to administer,^ that
they will not permit any tobacco whatsoever, to be ta- ^^^ ^^?J^^^
y^n on boarA their respective ships or vessels, except *°* ^
126 lAWS OF VIRGINIA,
board umn-. the f^me be packed in hogsheads, casks^ or cases, stam*
•pccted to- pgj ^y f^Q^Q inspector legally thereunto appointed:
Which oath they shall subscribe in a book, to be kept
by the naval officer* fop that purpose, find if any mas-
ter shall cause any person >yho is not really, and bona
JidCf mate or boatswain, to come on shore and take
such oath, he shall, for the said offence, forfeit and pay
twenty pounds. And if any master or commander of
any ship or vessel, sliall take on board, or suflfer to be
taken on board the ship or vessel, whereof he is mas*
ter, any tobacco brought from any other place, than
some, or one of the public warehouses herein after
mentioned; or any hogshead, cask, or case of tobacco^
not stamped by some lawful inspector; or shall suffer
to be brought on board any tobacco, except in hogsheads,
casks, or cases stamped, as aforesaid, every such mas*
ter and commander shall forfeit and pay twenty pounds
, of lawful money, for every hogshead, cask, or case o^
tobacco, which shall not have been brought from one
of the said public warehouses, or which shall not be
stamped, as aforesaid: And moreover, every, such
hogshead, cask, or case of tobacco, shall be forfeited.
1V< And forasmuch, as the permitting tobacco in
bulk or parcels to be water born, on pretence of betn^
carried to the warehouses established by this act, may
give great opportunity to the clandestine running the
same on board the ships lying at or near the said ware-
houses; whereby the evil of exporting trash tobaoco
may bo still cx)iititiued:
Or parcel* V. Be it further enactedf by tlie authorUy aforesaid^
not packed, Tfhat if any person taking upon himself to carry any
tobacco t> or ri'om any of the said warehouses, in his
stoop, boat, or other vessel, for hire, shall presume to
take on board, or permit or suffer to be taken on board,
any tobacco whatsoever, in bulk or parcels; such to-
bacco shall not only be forfeited, and may be seise-d by
any pei*son or persons whatsoever, but such master or
skipper offending herein, shall forfeit and pay twenty
shillings for every hundred pounds weight of Hikck to-
bacco; and so proporttonably for a greater or lesser
quantity. And the master or commander of any ship
or vessel wherein any tobacco, in bulk or parcels, shall
be found, shall, over and above the forfeiture thereof,
be subject and liable to the same penalty: To be re-
€overed, if it doth not exceed five poundlst before any
MAY ir42— 15th GEORGB II. i%i
two jfistices of the peace of any county, one of them to
be of the quaruMf near the place where such ship, sloop,
boat, or other vessel, shall lie: And if it exceeds five
pounds, in any court of record, by action of debt, where-
in the plaintiff shall revover costs. And every servant^
slave, or other person, emploied in navigating any such
sloop, boat, or other vessel, who shall connive at, or
conceal the taking or receiving on board any tobacco,
in bulk or parcel, as aforesaid, shall, by ordi r f>f such
justices, receive, on his bare back, tliirty wine lashes,
well laid on. And if such sloop, boat, or other vessel^
be under the care and management of a servant, who
cannot satisfy and pay the said penalty; then such ser-
vant, and every other person emploied under him, who
sball be guilty of conniving at, or concealing the taking
on board tobacco, in bulk or parcel, as aforesaid, shall
upon complaint thereof made to any justice of the peace^
have and receive, by order of the $aid justice, thirty-
nine lashes, well laid on. And ir ^ny servant shall be
again trusted with the care and management of any
sloop, boat, or other vessel, and shall be convicted a se-
cond time, of taking or receiving on board the same,
any tobacco, in bulk or parcel, contrary to the direc-
tions of thiftact, the owner of such servant, shall for-
feit and pay the like sum of twenty shillings, for every
hundred pounds weight of such tobacco, so taken or
received on board, in bulk or parcel: And shall also
forfeit and pay five shillings for every day such ser-
vant shall thereafter be emploied as skipper or mas-
ttr of any sloop, boat, or other vessel, to him belong-
ing: To be recovered, and applied, as aforesaid.
VI. Prorcided (dwaySf That nothing herein before ^^^^ ^^^j^^^^^
contained, shall be construed to prohibit any {lerson packed^ or
from carryin.fiT, or causing to be carried to the said in parcels,
warehouses, in any boat, or other vessel, any tobacco, ™*y^^^^""
in bulk or parcels, for the paiment of his or her levies, wjuJehouse, ^
debts, or other duties; nor to prohibit any person to put or from one
or take on board any sloop, boat, or other vessel, any plantation to
hogsheads, casks, or cases of tobacco, to be water born ^^^^ Uie
to any warehouse or wai*ehouses appointed by this act, same di»-
6o as the same be not earned out ot* the naval officer's trict
district, wherein the said tobacco sliall be made;' nor
to prohibit the owner of any tobacco, to ti^anspoil; his
crops, or any part thereof, In hogsheads, casks, orcases,
from one plantation to another, for the better handling
i-28
LAWS Ot VIRGINIA.
'Proviso.
Fraudulent
delivery, or
imbezzle-
ment of to-
bacco, felo-
ny.
and managing thereof; nor any purchaser of i;obaccoi
from bringing the same by water» to be repacked, sor-
ted, stemmed, or prized, before the same be carried to
the said warehouses, so as such last mentioned tobacco
be packed in hogsheads, casks, or cases: But no to-
bacco, on any pi*etence whatsoever, shall be carried or
transported by water to be inspected^ out of the dis-
trict limiteii and appointed for the several naval offi-
cers of this colony, wherein the same is or shall be
made; or being so carried, shall not be inspected or
passed by any inspectors, knowing the same to be made
out of such district, upon pain of forfeiting, by the
owner of such tobacco, and the inspectors who shall passi
the same, twenty shillings for every hogshead, to the
informer.
\1I. Prcroided nroerthdesSf That it shall and mky
be lawful for the' inhabitants of Fleet's Bay, on the
south side of Indian creek, in tlie county of Lancaster,
to carry their tobacco by water, to the public ware-
houses at Indian creek: And the inhabitants of War-
wicksqueak Bay, and the parts adjacent to carry their
tobacco by water, to be passed at any warehouse in the
upper district of James river.
VIII. ,And he it further enacted. That if the skipper
of any sloop,' boat, or otiier vessel, or other person or
persons, to wbom the care and management thereof
shall be entrusted, shall land or put on shore, any hogs-
heai), cask, or case of tobacco, put on board the same,
to be carried to any public warehouse, at any other
place or places, than the warehouse or warehouses, by
this act appointed, for the reception and inspection of
tobacco, or at some, or one of them, or the wharfs or
other landing to such warehouse or warehouses belong-
ing; or shall put the same on board any other vessel,
or suffer the same to be done, so as the same be not de-
livered at some of the said public warehoused, without
fraud or embezzlement; or shall open any hogshead,
cask, or case of tobacco, so as aforesaid water born and
iarided, and take thereout any tobacco, before the same
be viewed by the said inspect()i*s, according to the di-
rections of this act; or after the same has been viewed,
shall fraudulently open any liogshead, cask, or case,
and take thereout any tobacco; every such offence
shall be adjudged felony, and the offender or offenders
shall suffer, as in case of felony.
May 174£— 15th GEORGE n. 129
IX. Frcrtided always. That nothing herein before Ezceptioo.
ooBteinedt shall be construed to prohibit the landing or
potting on shore» any hogshead^ cask» or case of tobac->
CO out of any sloop^ boa^ or other vessel, which by dis-
tress of weather, shall be forced on ground or become
leaky, so as such landing be really, and btmajide, for
the preservation of the tobacco laden in such vessel:
And that the same be, with all convenient speed, carried
therei^ter to the warehouse, or ship, (as the case shall
be) t6 which it was designed, without embezzlement
X. Frmided also. That if by iany of the accidents a- Daaa^ to-
foresaid^ or tie^igence of the master or skipper of any bacco alull
vessel^ any tobacco which hath been viewed and stam-^'®^'^***
ped» shall, in its carriage to the ship in which it is in-
teaded to be exported, receive so much damage, as
that the master of such ship M^ili not receive it on board; '
•very hogshead, cask, or case of tobacco so damnified,
shall with all convenient speed be carried to some ware-
house appointed by this act, and there lodged, until tiie
owner of the said tobacco, or master of the vessel in
wMcb it was damaged, shall have separated the same
aad repacked the good tobabco; and then the^same
shidl be viewed and stamped, by the inspectors atten-
tfng such warehouse, without fee or reward.
XI. Jnd be UJurther enacted, hy tie aUthorUy {tfore- county
mid. That all tobacco, which shall be brought to any courts to no-
•f the public warehouses herein after mentioned, shall minate tnd
be viewed, exitmined, and inspected, by two persons to []^^!J^^
le tbereunto appointed, who shall be called inspectors; an^^ly, to
which said inspectors shall be appointed in the manner the gorem*
firilowing: That is to say, the courts of the several^'
fooiities within this colony, wherein any of the public
ward^ouses, appointed by this act, are established,
shall and may, and they are hereby required, once in
•very year, and no oftener, at their respective county
courts, held in the months of August, or September,
•r one of them, to nominate and recommend to the go-
vernor, or commander in chief, for the time being, for
•• many offices of inspection, as are or shall be in flieir
respective counties, four fit and able persons, reputed
to be skilful in tobacco, for the execution of the office
•f inspectors: And where two warehouses, under one
and llie same inspection, haj^n to Ke in difierent
counties; in that case, the courts of each county shall
Br-VoLS.
f 8« Laws of tiRGiNiA,
- nominate and recommend two for such inspeetidliP:— i
\^ liicli nomination^ the said courts shall cause to b€
entei-cd upon rcrord; and tlie clerk of the said rotirts
shall, and they are hereby required forthwith to trans-
^nit a certificate of the same to the secretary's office:
And out of the said four persons so nominated and re-
commended for eacli inspection, the governor or com*
mander in cliief, with the advice and consent of the
council, shall and may choose and appoint two to exe^
cute the office of insi)ectors at such inspection. And
in default of such nomination and recommendation hy
Oh fiulure of ^|j^, county courts, as aforesaid, tlie governor and com-
lKrgovcrnor"^aM^^''i"^l*»^^ with the like ad vice and consent, shall
may appoint and may appoint such persons as he shall think fit, to
inspectors. )^q inspectors at such inspections, for which no nomina-
tion or rccomme/idation shall be maite, as aforesaid.
And also, in case of the death, resignation, or i*6moval
of any insprctor, the governor, or commander incbielV
shall and may appoint any person named in tlio last re-
commendation fi-om tbe county court, for that inspec-
tion, where the vacancy shall hapjien, to succeed hiniy
Until^the next nomination and ap|K)iNtment of inspec-
tors: But if' neitlier of tlie persons, named in such
last recommendation, will acce{)t tlie said office; in
thatcB.se, the governor, or commander in chief, may ap-
point any other person he shall think fit.
JfusticMbe* XlL Provided always^ That no Justice of the peaces
ing inepec- being an inspet tor, or recommended to be an inspector^
coSuneiSed "il*^!' l**^'®* ">' he allowed a vote in the nomination anil
may not vote I'^^^nimendation of persons to be inspectors, as afore-
at a nomina-said. And that where any person, once recommendedf
tion. as aforesaid, and executing the office of an inspector,
fnofficer"^^ in pursuance of such recommendation, shall be again
recommended the next succeeding year^ the same shall
be a sufficient ajipointment to hin^ to continue in tfa^
said office for another year, without any new commis-
sion: And so from year to year, so long as he shall be
so recommended, as aforesaid.
XIII. Promadd a/wai/«, That every person appain-
Inspectors ^i ^i 'a-i** j. l • ±. «• ^l •
shau^ve ^^^> ^^ ^^ "^ appointed, an inspector, by virtue of this
bond. act* shall, before he enters upon the execution of the
said office, enter into bond, with good security, in the
jienalty of two hundred pounds, payable to his m^jesty^
his heirs and successoi-s, with condition, for the Inie
and faithful |>erformance of hui duty^ acGoixiing to tbe
MAY ier42— 15th GEORGE 11. igi
Erections of tliis act And shall also take the follow- And be
ing oath: That is to say, *^°"*
you shall swear, that you wtll diligently and cart-
yWty view and examine all tobacco brought to any pub'
He w. rehouse or warehouses^ where you are appointed tp
beinspeetor9 and all other tobacco which yon shall be ca/<-
Ud upon to view and iwipect: Jind that yOu will not re-
ceive any tobacco, that is not, in yourjudgmenti sounds
WfU conihtionedf merchantable^ and clear of trash; nor
TfeeivCf pas^f'Or stamp any tobacco, or hogshead, cask,
or ease of tobacco^ prohibited by one act of Assembly,
inHtuted, an act, for reducing the laws maue for amen-
ding the staple of tobacro; and for preventin.fi; frauds ^
' in his majesty's customs, into one act of Jissnnbly: Jind
thai you will, in all thins^s, well andfailhfnUy discharge
your duty in the office of an inspector, according to the
best of your skill and judgment, and according to the
directions of the said act, without fear, favour, affec-
tion, malice, or partiality. So help you God.
Which oath shall and may be taken before the govern-
or, or commander in chief, of this colony, for the time
being, or before the general court, or court of the coun-
ty where such inspector shall reside* And if any per- Penalty.
•on sliall presume to execute the office of an inspector,
before he has given such bond, and takei) such oath, as
aforesaid, he shall forfeit,and pay five hundred pounds*
XIV. 4nd be it further enacted. That all inspectors, Duty of inr -
to be appointed, by virtue of this act, shall constantly spectore.
attend their duty ^t the wai*ehouse or warehouses un-
der their charge, from the tenth day of November to
the last day of July yearly, (except Sundays, and the They must
kolydays observed at Christmas, Easter, and Whitsun- f^^J^ ^ ^^'
'tide, or when hindered by sickness:) And afterwards, ^
they; or one of them, shall constantly attend at the
same (except on Sundays) to deliver out tobacco for
exportation, 'til all the tobacco remaining there the
said last day of July, shall be so deliverpd. And every Fiye«hil.
inspector neglecting to attend, as aforesaid, shall fo^- jSj** ^ *dam-
frft and pay, to the party grieved, five shillings for eve- ^gji^ i^co-
ry neglect; or shall be liable to the action upon th.e verable/up-
case of the said painty grieved, to recover all such dara- P" non*«t.
'ages which he or slie sliall have sustained, by occasion ^^"^'*^*-
of any such neglect, together with his or her full costs,
at the election of such party. And all inspectors shall
nncase and break every hogshea<l, cask, and case of
183
tAWS OF VIRGINIA,
llifectioiift
foTTiewing
•ad stamp-
lag.
And in esse
of disagree-
ment, or
sickness.
Inspectors
ovm notes,
how to be
passed.
Transfer
AOtCS.
tebttCGOy brought to them to be inspected^ as aforesaid:
And it they shall agree, that the same is g^od, soand,
well conditioned, merchantable and clear of trash, then
such tobacco shall be weighed in scales, with weights
of the Jawftil standard; and the hogshead, cask, or case,
shall be stamped and marked with a hot iron, in the
presence of the said inspectors, or one of them, with
the name of the warehouse, at whicl^the tobacco there*
in contained, shall be viewed and inspected as afore*
said; and also with tiie tare of the hogshead, cask, or
case, and quantity of nett tobacco therein contained.
But if the said two inspectors shall at any time disa-
gree, concerning the quality of any tobacco brought
for their inspection to any warehouse under their charge
they shall, without delay, or as soon as convenienUy
may be, call from the next adjacent warehouse or in-
spection, another inspector, who shall determine the
mfference, and pass or reject such tobacco* And
where any inspector shall happen to be sick, and una-
ble to attend his duty; in that case, it shall be lawful
for any other inspector of any adjacent warehouse, to
view, ifispect, and pass tobacco, in his room. And
when any inspector shall bring his own tobacco to the
warehouse, whereof he is inspector, the same shall not
be passed or stamped, unless it be first viewed, exam-
ined, and found good, and qualified as aforesiud, by th^
other inspector Uiere attending, and by one or both the
inspectors, as the case shall require, from the next ad-
jacent warehouse.
XV. Md be U Jwther enacted^ That if any tobacco
shall be brought to any of the said warehouses, for the
discharge of any public or private debt or contract, the
said inspectors or one of them, after they have viewed,
examined, and weighed the said tobacco, according to
the directions of this act, shall be obliged to deliver to
the person bringing the same, as many promissory
notes, under the hands of the said inspectors, as shall
be required, for the full quantity of tobacco receive4
by tliem; in which shall be.expressed, whether the to«
bacco so received, be sweet-scented or Oronoko, stem-
med or leaf: TVIiich notes shall, and are hereby de-
clared to be current in all tobacco paiments whatsoever,
according to the species expressed in the note, within
the county wherein such inspectors shall officiate, and
in any other county next adjacent thereto, and not se-
MAY 1749--^15th GIBOBGE If. S8%
MTited ^lerefrrai by any of the great rirem or bay
nerdn after mentioned; that is to say, James river, be*
low the mouth of Appomattox; York, below West*
Point; Rappahannock river, below Taliaferro^s Mount;
or by the great Bay'of Chesapeak, and shall be trans-
ferable from one to another, in all such paiments, (ex-
cqrt as herein is excepted;) and shall be paid and sa-
tined by the inspector or inspectors who signed the
same, upon demand: And for every hogshead of 4 per cent.
tobacco brought to any public warehouse, for the dis- ^rcask not
charge of any public or private debt, in good cask, ©f 3oibji!^§)-
such dimensions, as herein after expressed, there shall bacco per
be allowed by the inspector thereof, to the person bring- hogshead.
ing the same, after the rate of four pounds of tobacco
tar every one hundred pounds, the tobacco therein con-
tained, shall weigh, after the SMne shall be viewed and
passed; so as such allowance does not exceed thirty
pounds of tobacco for each hogshead. And the ^aid xrantfer to-
inspectors shall, and they are hereby obliged to make bacco must
every hogshead, by them paid away, in discharge of J^®"^" ®^
any note by them given, as aforesaid, to contain eight b^o^^^t ^"
hundred and fifty pounds of nett tobacco, at tlie least: least, 'when
And for evei^ such hogshead of tobacco by them paid paid by the
avay# well Ibied and nailed, fit for shipping, there ^nsp^^cton.
shall be paid by the person receiving such hogshead,
fire shillings for inspecting, and six pence for nails, hogikead^
whether the tobacco therein contained be sweet-seen- inspection,
ted or Oronoko: Which said sum of six penee the said ^*
inspectors shall and may retain in their hands, for
their own use, to reimburse them the expence of pro-
viding nails: And the person demanding or receiving ^^i^[^^
tobacco, in discharge of notes, as aforesaid, shall allow wei^t
to the inspectors thirty pounds of tobaoco for each
hogshead so received, for the cask, and two pounds of
tobacco for every hundred pounds of tobacco contained
in anch notes; and so proportionably, for a greater or
leaser quantity, for shrinkage and wasting, if the said
tobacco be paid within two months after the date of
atn note given for the same; and one pound of tobac-
co lor every hundred, for every month the same shall
be anpaid, after the said allowance; so as such allow-
ance for shrinkage and wastiu,^, do not exceed in the
vrtKde six pounds of tobacco for e\ery hundred. And if g. J*^***"
any inspector or inspectors, by whom any such notes thcir^notS?^
for tobacco^ as aforesaid^ shall be signed^ shall refsse
iS4 I-A^^S OP VIRGINIA.
iorfeitdou- or delay to pay and satisfy the same, when demanded^
^® ^tob*"' ^^^'^y inspector 811 rerusingor delaying* shall forfeit and
^ *^ pay to the party injured, double the value of the tobac«>
CO so refused or delayed to be paid: L\% be recovered,
with costs, in any court of record within this domini-
on, if the note or notes so refused or delayed to be paid,
exceed two hundred pounds of-tobacco; and if the said
note or notes do not exceed two hundred pounds of to-
ba<xo, the double value aforesaid, shall and may be
recovered, before any justice of the peace of the coun-
ty wherein the warehouse shall be, at which the not^
or notes ought to be paid.
XVI. Jlni be it farther enacted^ by the authority a-
eVop notei. foresaidf That all tobacco brtiuj::it to any of th^^ sai'4
warehouses, tti hogsht'aHs, rasks, or cases, to be expor-
ted, on account, and for the ust^ of the own^r thereof,
after the same shall have been viewed, examined, an4
weighed, and found to be good, shall be f4t^mped« as
herein before directed: And Hie said inspectors, or
one of them, shall deliver t» the person bringing the
same, as many receipts, signed as aforesaid* as shall bt
required, for the number of hogsheails so brought and
3^* per hoe». stamped. And for every hogshead* cask* and rase^
lieid for m- bi*ought to any of the said warehonses, to be exported,
K^^*i!!!Iiifl^*' on account, and for the use of the owners thereof, there
^ ' shall bo paid to the inspectors thiTe attending, three
shillings for viewing, examining, and stampintc tht
same; and the owners of the said tobar(*o shall find
and provide nails for the nailing there<if. '
No tender of XVIII. Jlnd be it further enacted. That during the
J^^^^ continuance of this a'*t, no tender of any debt or duty,
cept made p&iable in tobacco^ shall be accounted lawful, untesi
IB inspec- paimcnt of the same tie tendered in inspectors notes or
tw'snotes. receipts. And for restraining the undue practice of
mixing trash with stemmed tobacco, and preventing
the packing tobacco in unsizeable casks.
^^^^ XIX. Be it enacted and declared^ That all stentf-^
jj^g^j^ ^ med tobacco, not laid strai^t, whether the sani^ ^
BuBennons packed loose^ or in bundles: 4nd all tobacco packed In
^cask. hogsheads, which exceed eight and forty inches in th^
length of the stave, or thirty inches at tlie head within
tlie crow, making reasonable allowance for prizin.i^
which allowance shall not excee<l two inches above the
gage in the pricing head, shall be accounted unlawful
tobacco, and shall not bo passed or received: But the
May ir4«^i5th george W. 185
dwner of such tobacco, parked in casks of greater di-
in< hSioiis than before expiesHed, shall be obli^d to
rsi'uik tiie same in sizeable cask, at his own cost and
Xi ai ji;*% before th<i same shall be stamped by the said
jii6|Ki;iors.
XX. Jnd be it furtlier enacted, That if any person Forging SA^
whatsoever, shall for^e or counterfeit the stamp, notc^ «pector»
or receipt bt an> inspector, or tender in paiment nny ^^1 ^L
rt ■ !• • > . ^ . i . "^ Stamp; or
SQCU forged, or counrerteited note or receipt, knowing breaking, or
it to be surJi; or exptirt, or cause to be exported, any altering io*
liD.qHliead, cask, tase, rhi-st, b >x, or other package of fP'^^^^^^^j^
tobacco, stani[K^d with a fi»rged or counterfeit stamps ny?^^^
or demand tobacco of any inspector upon any such for-
ged or counterfeit notf or receipt, knowing such note or
receipt, or surli stamp to be forged or counterfeited;
or shall put or pack into any hogshead, cask, or case of
tobarcoy stamped by aiiy in^ctor, any tobacco what*
soever; or shall draw or take out any stave, planks or
beading- board of any hogshead, cask, or case of tobac-, /
cOf after such hogshead, cask, or case of tobacco, shall
te delivered out from any of the public warehouses a-
foreeaid; every pt-rson so offending, and being thereof
convicted^ by due course of law, shall be adjudged a
iUftm attd shall suffer, as in case of felony.
XXL Md be it/urther enacted, by thcatUhority afore- Notes lost ^
mid^ That if any inspectors note« or receipts becasu- n^i»^d.
•My lost, mislaidr or desti*oyed, the person or persons
entitled to I'eceive the tobacco, by virtue of any such
note or receipt, shall make oath before a justice of the
peace of the county^where the same is paiable, to tlie
poDiber or date of every such note or receipt, to whom
«nd where paiable, and for what quantity of tobacco
tbc Uame wto given, and that such note or receipt is
tost* mislaid, or destroyed: And that he, she, or they^
ft the time such note or receipt was lost, mil^laid, or
destroyed^ was lawfully entitled to re^^eivetlie tobacco
Iberein mentioned^ and shall take a certificate thereof
from such justice; and upon producing a certificate of
iseh oatli, to the inspectors who signed such note or re-
Cttptf and lodging the same with them, the said inspec-
t^n shall, and are hereby directed, to pay and deliver
i» the person obtaining such certificate, the tobacco
fut which any such notes or receipts were given, (if
die same, or any part thereof, shall riHt have been be*
hj them paid^ by virtue of. the Baid notes or !*••
lag LAWS OF VIRGINIA,
ceipts;) and shall be thereby discharged from all ac-
tionsy suits and demands^ on account of such notes or
receipts. And if any person shall be convicted of ina»
king a false oath, or producing a forged certificate. In
the case aforesaid, he shall forfeit and pay twenty shil-
lings for every hundred pounds weight of tobacco con-
tained in such certificate; and moreover, upon convic-
tion in any court of record, shall suffer, as in case of wil-
ful and corrupt perjury.
Paiment of XXII. Jind be it further enacted, by the ^authority a-
public dQhtB.Joresaid9 That all tobacco due, or to grow due and pal-
able, for publir, county, or parish levies, er for quit-
rents, or for sccretarys, clerks, sherifib, surveiqrs, or
other officers fbe^, shall be paid and discharged, in the
following manner; that is to say, all levies and quit-
rents, shall be paid in some warehouse in the coun^
where such levies are laid, or lands chargeable wim
such quit-rents, lie; and all officers fees, in the county
where tlie person chargeable therewith, lives; except
such person shall have a plantation seated, with slaves
thereon, in the county where the service is performedjf^
and then, alt fees, except secretary's fees) shall be paid
in such county: But the said levies, quit-rents, and
fees, due and paiable in any county wnere no pnbKc
warehouse is established, shall be paid by inspectors
notes, at some warehouse in the next adjacent county*
Currency of XXIII. Prooided always. That n6 transfer notes of
iiwpectors' the pr^eeding year, shall pass in any such paiment;
^'**^* nor 110 notes of the county of Prince WiHiam, shall pass
in any paiment of levies, quit-i*eHts, or fees, becomin|*
due in the county of Orange. And the notes of the
warehouses, herein after mentioned, shall pass in pai-
ment of all quit-rents, levies, and officers fees, paia-
ble in the counties following; that is to say, the notes
of Kemp's warehouse, shall pass in the county of Glo-
cester. Of Lawrence's, Gray's creek, and Cabbin PoinK
in the county of Isle of Wight. Of Lawrence's, ana^
all the warehouses above, on the south side of James
River in the county of Brunswick. Of Wainwrighfs
Appamattox, Maycock's, Jourdan's, and Warwick-
squeak Bay, in the county of Sorry. Of Warwicfci^
Bibrmnda Hundred, John Boiling's, and Cabbin Poin^
in the county of Prince George. Of Turkey Island,
and Hog Neck, fn the county of Charles City. Of anj
wardiouse in the county of New Kent, in Saint Pet^r'ff-
MAT 1742— 15th gIsoAg^ it. i^fj
]^ari8bf Id tb^ county of James City* Of York, Roe's,
and Hamptonf in the county of Warwick. Of Roe's in
the county of Elizabeth City. Of Page's, and Meri-
wether's, in the county of King William. Of Todd's,
Ayktf s and Layton's, in the county of Camline. Of
Conway's, in the county of Spotsylvania. Of Freder-
icksburg, in the county of Louisa. Of Indian Creek,
in the county of Lancaster. Of Teocbmico, in tho
coun^ of Northumberland. Of Mattox, and Falmouth;
in the county of Stafford* Of Princess Anne, and Nor-
folk^ in either county. Ot any warehouse in Accomack;
IT Northaibpton; in either county.
XXIV. Jfnd be it further enactedf That out of every Allowanott
hundred pounds of tobacco paid, in discliarge of quit- for convMn-
fents, secretary's, clerks, ttherifs^surveiors, and other *°^^*
offlkrers fees, and so proportionabiy for a greater or les-
ser quantity, there shall be made the following abate-
lients br allowanced to the payer; that is to say, for
tdJiacco diie in the counties of Goochland, Brunswick,
(teaoge, Amelia, and the county of Louisa, the person
faying shall and may retain in his own hands, thirty
minds of tobacco, for every hundred so due from him.
For tobacco due in the county of Princes Anne, twen-
ty poands of tobacco. For tobacco due in the countied
of Henrico, Caroline, Nansemond, Norfolk, Hanover,
ted Spot8ylvania,«fourteen pounds of tobacco. For
tobacco due in the counties of Prince George, Surry^
Irie of Wight, Fairfax, and Prince William, Wehty
pounds of tobacco. For tobacco due in any other c6un*
fy^ten pounds of tobaccb.
XXV. Provided alwajiSf That where any person t^rovi^ us to
diarceable with any officers fees, (except Secretaries non-resi-
fees,; lives in another county, than where the service ^^'^^*
is performed, or the fees become due, the same allow-
ance shall be made to every sach person, a^ is by law
sibfled to be allowed, in that county where the service
]« ^formed, or the fees become due.
jXY L And for preventing all mistakes and contro- AllowAncet
▼enies concerning the allowances to be made, upon the on papient
pniment of public, county, and parish levies. Be U en- ?fj*^^** ■^
aOtdp That the levies aforesaid, shall be all laid in ^^
nett tobacco, and the abatement which ought to be
m^ out of every creditor's claim for convenience,
aiiaU be deducted out of such claim» at the time of
S— Vol. 5.
138 LAWS OF VIRGINIA,
laying the said levies: Which abatements ^re bf^teby
settled, and declared to be the same, as are before men-
tioned and directed to be allowed, upon the paiment of
quit-rents and officers fees. But where any credjtor,
by law or contract, ought to be paid with convenience
in that rase, no abatement shall be made to the peo-
ple, by the collectors thereof. And where any tobac-
Commission CO ought to be paid with cask, there shall l)e levied
for coUect- four per cent^ for cask, and no more: And there shall
i^r be also levied,, in all the said levies, six per cent, for
collecting the aamc^, and no inore: Which shall be
paid and allowed to the i-espective collector^ cif the
said levies. And for all tobacco paid and discharged
in inspectors notes for quit-rents, secretary's, clerks,
sherifs, surveiors, and other officers fee«, to the persons
entitled to receive the same, there shnll be paid and lU-
lowed by such Jiersons, to the sheriff, or collector, six
• pounds of tobacco, for every one hundred pounds of to-
bacco so paid, and so proportionably for a greaj^r or
lesser quantity. And the said sheriff, or other collcc*
tor, is hereby impowered to retain the same in h^
hands. And the sheriff, and other collectors of the le-
vies, quit-rents, and fees aforesaid, shall pay and dis-
charge the same, by the same notes which they shall
receive, in paiment thereof.
AUowances XXVll. ^iid be it further enacte<L That during tbo
''^^"^ continuance of this act, the clerk of the general court
^^ and of every county court, in taxing the costs of any
judgment or decree obtained, or to be obtained, shs^
deduct, out of the said costs, the same allowance for
convenience, as shall or ought to be made and allowed
to the party first charged witli the fees so taxed in the
bill of costs, by the respective officers; and execution
sliall issue for no more than the said costs amount t^
after the said deduction.
PubHc to- XXVIII. Md be it further enacted, That all publi^t
bacco debts, county, and parish levies, quit-rents, secretary's, sher-
whcn paya ifs, clerks, survciors, and other officers fees, paiable In
^^' tobacco,shull l)e paid and satisfied by the persons charge-
able with, and indebted for the same, to the sberife,
or other collectors, by ins[)ector3 notes, before t^e
tenth day of April, yearly. And if any persons charge
able with the levies, quit-rents, and fees aforesaid^
shall !U\i::krt or refuse to pay the same, witliin the time
aforesaid, it shall and may be iawful, to and for the
MAY 1742— 15th GEORGE 11. 139
slierifSy op other collectors, iinmcdiatelj after the said i>'«trew f6r.
tenth day of April, to distrain the goods and chattels of
tte person or persons so neglecting and refusing, and
to sell and dispose thereof, fir tobacco, in the same
mantter as is directed by law, for goods taken in exe-
cution; and the overplus (if any be) after paying the
said levies, quit-rents, and fees, and the charge of dis-
tress, which is hereby declared to be the same as for
serving an execution, shall be returned to the debtor*
XXIX* Prorcided always, That where any goods Distress fop
or chattels shall be distrained for non-paiment of quit- quit-rents
rents, the same shall not be redeemed, but by the pai- how redeem.
aient of sterling money, or bills of exchange, for so^ ^'
much as the said quit-rents amount to: And if not re-
deemed, the sheriff shall sell the same for sterling mo-
jiey, or bills of exchange, accordingly^
XXX. And the sherifs, or other collectors of the Sheriffs and
Wd levies and fees, shall before the last day «f April, ^°jjjf^^^^^^^
yearly, pay and deliver to each creditor, according to^omit. ^
tfieir respective debts or claims, all the inspectors notes
he or they have received, in satisfaction thereof. And
if any sheriff, or other collector, shall refuse or delay
to make paiment accordingly, if required, he or they
80 refusing or delaying, shall forfeit and pay the par-
ty grieved, double the value of the tobacco, so refused
or delaied to be paid: To be recovered, with costs in
any court of record within this dominion, if the debt
doe Exceeds two hundred pounds^ of tobacco; and bcr
lore any justice of the peace, if the debt be tw^ hundred
^unds oT tobacco, or under.
XXXI. Jnd be it further enacted^ That when any Refused to-
tohncco shall be brought to any of the public warehous- ^**^^^ ^ ^^
es, an4 refused by the inspectors there oflSiciating, thCpJ^ed.^
.same shall be immediately burnt by them, unless the
xiwner or person bringing such tobacco, desires to sort
and separate the same, and to pick out such as is bad;
in'whicli case the inspectors shall pcnnit the same to
be done at the warehouse^ to which the said tobacco
shall be brought^ without fee, or reward: But shall
not, on any pretence, suffer the said tobacco to be ro-
moved or carried from the said warehouse. And the
said inspectors shall allow one month for separating
and picking snch tobacco; after which time, if the same
he not done, it shall be lawful for them to burn the
whole, except where the tobacco is in a sweat, or where
140
LAWS OF VIRGINIA.
(.iabUityof
\i^ circamstaiices or accidents of weather nay hare
prevented the handling of it; in which case the inspect
tors shall allow such further time as they shall think;
reasonable. And where any tobacco shall be separa-
ted and picked, as aforesaid, the trash and bad tobac-
co shall be burnt by the inspectors, on the same day it
is picked out, under the penalty of forfeiting fi]re shil-
lings for every failure, to the informer.
XXXII. And if any tobacco packed in cask by an o-
ycrseer, or the hands under bis care, shall be burnt by
the said inspectors, by reason of it's beingbad, unsound^
or not in a good condition, the overseer who had th#
care of making and packing the same, shall bear the
loss of the tobacco so burnt, and make satisfaction for
the same, out of his share of the crop or otherwise.
And the inspectors shall be obliged to keep an account
of all tobacco ^o burnt. And to the intent the just
quantity of tobacco exported, may be more exactly
known, and all evil practices to defraud his majesty of
his customs prevented;
XXXIII. Be it enactedf by the authority aferesaidf
That all inspectors shall carefully enter in a book to foe,
provided and kept for that purpose, the marks, num-
cd in a book. 5^1^^ gross, nett weight, and tare of all tobacco view-
ed and stamped by tliem, as aforesaid, and in what
ships or vessels the sameshall beladen, or put on board:
And shall also, with every sloop-load or boat-load of
tobacco, send a list of the marks, numbers, gross, nett
t\ eight, and tare of eyery hogshead of tobacco then
delivered, to be given to the master of the ship or ves-
sel in which the same ^hf^l be put on board. And if tlie
tobacco delivered to tjie same sloop or boat, is inten-
ded to be put on board several ships or vessels; then
they shall deliver so many distinct and several lists, as
aforesaid, of the hogshead^ to be put on board stich
ship or vcsseU respectively; Which lists, every mas-
ter of a ship or vessel is required to produce to, and
lodge with, the naval officer of the district where the
ship or ve.ssel, whereof he is master, shall ride, or by
whom he shall be cleared, some time before her clear-
ance. But whereas it may happen, that the ship in
which such tobacco was intended to be put, may be so
full, as not to be able to stow all the tobacco contain-
ed ill such list; in s/ich case, it shall and may be law^
fill to ship the said tobacco, or any part thereof, on
Weights of
a]l tobacco
to be enter-
ic anifcBU.
Vroviao
where the
ship cannot
receive the
^^acco.
MAT 1742— Idth GEORGE H. I4i
l^oard spy other ship or ships, where the owner thereof
shiHI think fit, the masters of such ships indorsing on
the said lists^ the marks and numbers of the respec-
tive hogsheads by them taken on board, and giving no-
tice to the inspectors of the warehouse from whence
the same was brought: Or if there be no ship to re-
ceive the sud tobacco, then it shall and may be law-*
ful for the master of tlie first mentioned ship or vessel
to pat the said tobacco into the nearest warehouse to
the place where such ship shall ride, giving immediate
notice thereof to the inspectors who stamped the same.
And the inspectors of that warehouse where such to-
bacco shall be delivered, shall give a receipt for the
same, and shall cause the said tobacco to be safely
lodged, and delivered to the order of the owner thereof,
whenever he or she shall think fit to ship it off^ and that
without fee or reward*
XXXIV. «ted be it further etuicted^ That every Dut^ of mat*
master of a ship or vessel wherein tobacco shall be lar t^i^ of ves-
den, shall, at the time of clearing, deliver to the paval ^^J^^^J^
officer, two fair manifests of all the tobacco on hoard j^nrelationto
his ship or vessel, expressing tlie marks and numbers mamfests.
of every hogshead, and the tare and nett weight stamp-
ed thereon, the person by whom shipped, and from
what warehouse, and shall make oath thereto; and
that the same is a just and true iiccount of the marks,
numbers, tare and nett weight, of each respective hogs-
head, as the same was taken down by the person or
persons appointed by him to take the same, before the
said tobacco was stowed away. And no ship or vessel
•hall he cleared by the naval ofiicer, before he shall
have received such lists and manifests; one of which
said manifests shall, by the said naval officer, be an-
nexed to such master's certificate or clearance, tQ the
end the same may be delivered to the chief officer of
the customs^ in such port or place where the said ship
•hall unlade, and the other of the said maaiifests shall,
by the said naval officer, be transmitted to the said
chief officer of the.customs, by the next convenient op-
portunity.
XXXV. Mdbe U further tnnrfed, by the authority ^^^^^
mfaresaid. That public warehous'os for the inspection *•
of tobacco, pursuant to this act, shall be kept at the se-
veral places herein after mentione<l; that is to say, in
the county of Accomack, at Pitt's landing, upon Poko-
442 LAWS OP VIRGINIA,
moke, and at Guilford's, where the warehouses aiNe
now kept» under one inspection. At Pungoteague, in
the same county, and Nasswaddox, in Northampton
county, where the warehouses are now kept, under an-
other inspection. In the county of Caroline, at .Con-
way's and Roy's. In the county of Charles City, at
Swinherd's; and upon the land of Mr. Richard Een-
non, where the warehouses are now kept In the
county of Elizabeth City, at Hampton, upon Mr. Miles's
lot. In the county of £b'sex, at Bowiei*'s; and on Pis-
cataway creeks where the warehouses now are, under
one inspection. At Hobb's Hule« at Layton's, and on
Occupaiia Creek, on the land otJames Garnet, where
Robert Jones formerly dwelt, under one inspection. —
In the county of Gloucester, at Gloucester Town; at
£astermost River; at Deacon's Neck; and at Poro-
potank, where the warehouses are now kept. In the
• county of Hanover, at Crutchfield's, upon Mr. Page's
land; and at Meriwethei^'s. In the county of Hennco^
at Warwick, and at Shockoe's, where the warehouses
are now kept And at Bermuda Hundred, and Turkey
Island, where the warehouses are now kept, under one
inspection. In the county of Isle of Wight, at Waia-
wrighf s; and on Smith's land, on the east side of Pa-
gan Creek, under one inspection; and at Warwick-
squeak Bay. In the county of King and Queen, at
^ Shepherd's, and Thomas Turner's, under one inspec-
• tion; at Mantapike, and Walker Town, on the lot of
Mr. John Walker, under another inspecition; and at
Todd's. In the bounty of King William, at Aylett's,
^ Quarles's, and Williams's. In the county of King
George, at Bray's Church, Falmoutli; and upon .(on-
athan Gibson's land, where the warehouses are now
kept; and on Mr. George Morton's land. In the coun-
ty of Lancaster, at Davis's, and Shelton's, under one
inspection; at Dimer's, upon Hadway's Creek, in the
same county; and Indian Creek in the county of North-
omberland, under another inspection; and at Deep
Creek. In the county of Middlesex, at Kemp's^ and
Crbanna, where the warehouses are now kept. In the
county of Norfolk, 'at Norfolk Town, upon the Fort
land; at tiie great Bridge, on Mr. Samuel Boush's;
and at Kemii's Landing, in the county of Princess Anne,
under one inspection. In tho county of Nanscmond, at
Sleepy Hole, Lawrence's, and Constance's. In the
MAY 1742— 15th GEORGB H. ^4^
county of Northampton^at Cherrystone's and Hungar's,
under one' inspection. In the county of New Kent,
opon the land X)( Richard Littlepage^ at ttie Brick
tfouse, upon CoL Basset's land^ and at Hog Neck, in
tbe county of James City, upon Col. Bray's land, un-
der one inspection. In the county of Northumberland,
at Wiccocomico; and at Coan, where the warehouses ,
are now kept. In the county of Prince George, at
Boiling's Point; and John Boiling's, in Henrico, un-
der one inspection, at Maycock's; and at Jordan's, up-
on Mr. Bland's land; under another inspection. In the
county of Fairfax, on both sides ofOccoquan, where
the warehouses now are, under one inspection; at
\ Hunting Creek; and on the land of the Honourable
Thomas Lee, Esquire, at the Falls of Patowmack. In
the county of Prince William, at Quantico. In the
county of ftichmond, on Rappahannock Creek, near
the month, on Mr. Fantleroy's land; and on Mr. fieck-
with's land, near the bridge over the same creek, under
one inspection; and on Totaskey Creek, on the land of
Mr. Brokenbrough; and on the land of Mr. Hornby,
where the warehouses are now kept; and on the land
of John Carter, Esquire, under one inspection; and
at Glascock's, where the warehouses are now kept.
In the county of Surry, at Cabbin Point; and at Gray's
Creek, where the warehouses are now kept. In the
county of Stafford, on Patowmack Creek, upon Cave's
land; and at Boyd's Hole, where the warehouses are
now kept; and at Ocquiah. In the county of Spotsyl-
vania, at Fredericksburg, where the warehouses are
now kept; and on Royston's lots, in the said town.-^
In the county of Warwick, at Denbigh,, where the
warehouses now are. In the county of Westmoreland,
on both sides of Nominy, upon Spence's land; and on \
both sides of Mattox, upon Washington's, and Martin's \
land; at Yeoromico, where the warehouses now stand;
and at Rust's Landing, on the same river, under one
inspection. In the county of York, at Roe's; at York
town; and at the Capitol landing, and at the College
Landing, in James City county, where the warehous-
es are now kept, under one inspection.
XXXVI. And there shall be paid to^the several in- intpectoiv
apectors appointed to attend, and attending the said se- sftUrie».
veral warehouses, the salaries herein after mentioned;
that is to say, to each of the inspectors,
£44 I-^WS OP VIRGINIA.
Pounds per aiiHumi
At Pun^teague, and Nasswaddox^ under one in-
spection, SO
At Pitt's, and Guilford's, under one inspection, 25
At Conway's and Roy's, 35
At Swinherd's, 25
At Kenn6n's, dd
At Hampton, on Miles's lot, 25
At Bowler's, and on Piscattaway Creek, undergone
inspection, 30
At Uobb's Hole, 30
At Layton's, and on Occupatia Creck^ under one
ins|>ection, 3«(
At Gloucester ToM^n, 30
At Eastermost River, 25
At Deacon's Neck, 31
At Poropotank, 30
At Page*s, 60
At Meriwether's, 35
At Warwick, 50
At SluK'koe's, 45
At Bermuda Hundred, and Turkey Island, under
one inspection, 35
At Wainwright's, and on the east side of Pagan
Ct*eek, under one inspection, 35
. At Warwicksqueak Bay, 30
At Shepherd's^ and Thomas Turner's land, under
one Inspection, 35
At Mantapike, and Walker Town, under one in-
spection, 35
At Todd's, 40
At Aylett's, 35
At Quarles's, 25
At Williams's, 25
At Bray's Church, 30
At Falmouth, 40
Upon Gibson's land, 35
At Morton's, 25
At Davis's and Shelton'sj ^0
At Deep Creek, 30
At Kemp's, 3 j
At Urbanna* 30
At Norfolk Town, upon the Fort land; and at the
treat BridiB:e, on Mr. Boush's land; and at
hemp's, under one inspection, 40
•■w^
MAY 1742— f 5th GE0R6£ IL 145
Pounds per annum.
At' Sleepy Hote, 25
At Lawrence's, * 35
At Constancie's, SO
At CheriT'stone'Sy and HuDgar's, un^er/One in-
spection, 25
At Littlepage's, 35 .
At the Brick House; and Hog neck, under one in-
spection, 35
At Wiccocomico, 35 *
At Indian Creek, and Dinier's> ^ 30
At Coan, 30
At BoIling^s Point; and on John BoUing^s land, in
Henrico, under one inspection, 35
At Maycock's and Jordan's, under one inspection, S5
At the Falls of Patowmack, 30
On both sides of Occoquan^ under one inspection, 30
At Quantico, 35
At Hunting Creek, 30
On Mr, Fantleroy's land, where the warehouses ^
now stand; and upon Beckwith's land, under one
inspection. Si
At Glascock's, 25
At Totasky, 35
At Cabbin Point, 40
At Gray's Creek, 30
On Patowmack Creek, at Cave's, 25
At Boyd's Hole, 35
At Nominy, S$
At Ocquiab, 25
At Mattox, 30
At Fredericksburg, 45
At Teocomico, and Rust's, 35
At Koyston's, 45
At Roe's, 25
At Denbigh, 25
At York Town, 30
At the Capitol, and College landings, under one
inspection, 35
XXXVII. Md be it further enacted^ That the rents Renti of
•f the several warehouses hereby established, shall be, warchou»ti,
and they are hereby settled, at the following rates:
Pmnds per anrninu
At Piuigoteague> t
T~VoU 5.
146 fiAWS OF VIRGINIA,
V Pounds per annum.
At NanswaddoXy &
At Pitt's, and Guilford's, 10
At Swinhepd's, 10
At HaiBpton, 7
At Eastermost River, 10
At Bermuda Hundred,. 8
At Turkey Island, 8
At Norfolk, Prin<;ess Anne,, and the great Bridge,
eaclk ^
At Sleepy Hofcr 10
At Cbt».rry stone's, and Ilungar's, each, ' 5
At Hog Neck, 5
At John Boiling^ ' o
At Roe's, 10
At the College Landing, 10
And at all the other wareliouses, tbere stiall be paid,^ and
allowed for tlie i*eT^ts of the same, eight pence for eve-
ry hogshead of tobacco that shall be received, inflect-
ed, and delivered, out, at such warehouses, respective-
I*rovision 'Y*
Tfrhcre rents XXXVIII. Provided always. That where wharfe
are insuiiici- are, or shall be necessary to be built, or kept in repair,
^^^' at any of the said warehouses; and the rents hereby
established, ai*e not sufficient for building, and keeping
in repair such wharfs: Or where any new warehouses
shall hei*eafter be built, in pursuance of this act, and
the rent hereby established, shall not be proportionable
to the exiience of such building; in b6th the said cases,
such further allowance 9hall be made by the (ieneral
Assembly, as^ shall be thought reasonable. And the
rents aforesaid, together with the inspectors salaries,
shall be paid and allowed, by the treasurer, to the se*
- veral inspectors,- upon the parsing their accounts. And
ibnu & sabi- the inspectors shall pay the rents to the persons enti-
tiei, how tied to receive the same, out of- the money received by
^^' thetn, for inspecting tobacco. And if the money re-
ceived, by any inspectors of any of the warehouses libre-
said, shall not be sufficient 16 pay the salaries aiid rents
Aforesaid, an^ other incident charges, in this act m^n«
tioned; such deficiency shall be made good out of the
general fund, arising by the profits of the other ware-
housesw And it that shall prove deficient^ then the sjiid
0 (
MAT 1742— 15th GEORGE IL 147
:galarie9y rents, andcharges, shall bepaidandsatisSed
out of any other public money in the hands of the ti'ea-
sarer» for the time being.
XXXIX. Aid *c it further enacted^ That where ^^^^^^
warehouses are already built, at any -of the places here- warehouses
fai before mentioned, and appointed for keeping the compelled ta.
same, and are now made use of, as and for public warc^ ^^ ^^■"•
bouses, the proprietors and owners of such warehouses
shall be, and they are hereby obliged to lett the same
to the inspectors, during the continuance of tliis act,
at the rent hereby established for such warehouses res-
pectively: And if any proprietor or ^wner shall re- proceedings
fuse so to do, h^ shall forfeit and pay one hundred where the
pounds. And where warehouses are not already *>»*•* ?T"^5fto^
at any of the places aforesaid, er where any new ware-jjjj^^
house shall be hereafter appointed to be kept at any
other place, it shall and may be lawful for the justices
of the court of that county, wherein such place is, or
shall be, and they are hereby required, to cause the
owner or proprietor of the land, where such warehous-
es are or shall be appointed to be kept; and in cast
such owner or proprietor be under age, feme covert, or
out of the country, then the guardian, husband, or
known attorney (as the case is) of suclr owner or pro-
prietor, to be summoned to app^ar before them, at the
next succeeding county court, after such summons shall
issue, tliere to dectare whether they will undertake to
erect and build such houses, wharfs, and other conve-
niences, as the said court shall think fit to direct, and .
lett the same to the inspectors appointed to attend at
such warehouses, at the rent settled by this act, or^j^^^ l^^
which shall hereafter be settled for tlie same. And in refuses,
case such owner or pi*oprietor will undertake the same,'
then the said court shall, and they are hereby required
to take a bond, with one sufiirient security, in a rea-
tenable penalty, paiable to his miyesty, his heirs and
successors, with condition for the due performance of
such undertaking. And in case such or proprietor
shall refuse to undertake the same, or to, give such
bond, as aforesaid; then it shall and may be lawful for
the said justices, and thoy are hereby required, to val-
ue an acre of the said land, for the use aforesaid; and
to agree with any person or persons, for erecting and
building thereon, such houses, wliarfs, and other con-
veniences, ar shall be necessary; And to take bond.
146 liAWS OF VIRGINIA,
'
Pounds per aimum*
At Nasswaddox,
6
At Pitt's, and Guilford's,
10
At Swinhepd's,
10
At Ha^Bpton,
T
At Eastermost River*
10
At Bermuda Hundred^
8
At Turkey Island,
8
At Nopfoik, Ppiru;esa Anne,- and the great Bridge^
eacli
5
At Sleepy Hofcr
10
At Cherry stone'ii^ and Uungap's,
each.
5
At Hog Neck,
5
At John Boiling^
. 5
At Roe's,
10
At the College Landings
10
And at all the other wareliouses, there sliall be paid,, and
allowed for the i-ei^ts of the same, eight pence fop eve-
ry hogshead of tobacco that shall be peceived, inspect-
ed, and delivered, out, at such warehouses, respective-
I^rorision ^Y* , ^
T^here rents XXXVIII. Provided alwaysf That wbepewhari9
tre insuffici- are, OP shall be necessary to be built, op kept in repair,
^^^' at any of the said wapehouses; and the pents bepeby
established, ai*e not sufficient fop building, and keeping
ill repair such wharfs: Or where any new warehouses
shall hereafter be built, in pursuance of this act, and
the rent hereby established^ shall not be proportionable
to the exiience of such building; in b6th the said casest
such further allowance 9hall be made by the (reneral
Assembly, as shall be thought peasonable. And the
i-ents afoposaid, togethep with the inspectors salapiesy
shall be paid and allowed, by the tpeasupep, to the ae-
' veral inspectops,' upon the parsing theip accounts. And
tttJktM u sabi- the inspcctops shall pay the rents to the pcpsons enti-
tiei, how tied to peceive the same, out of the money peceived by
^^' thetn, fop inspecting tobacco. And if the money re-
ceived, by any inspectops of any of the wapehouses libre-
said, shall not be sufficient t6 pay the salaries and rents
^fopesaid, and othep incident chapges, in this aT)t men-
tioned; such deficiency shall be made good out of the
genepal fund, arising by the profits of the other ware-
bouses« And it that shall prove deficient^ then the gAid
MAT 1742— 15th GEORGE IL ^47
^salariesy rents^ and charges, shall be paid and satisSed
i>ut of any other public money in the hands of the trea-
sarer» for the time being.
XXXIX. Jnd *c it further etiactedf That where ^^^^^^^
^warehoases are already built, at any tif the places here- warehouses
in before mentioned, and app<iinted for keeping the compelled ta.
same, and are now made use of, as and for public ware- ^^ *^"*-
houses^ the proprietors and owners of such warehouses
shall be, and they are hereby obliged to lett the same
to the inspectors, during the continuance of tliis act,
at the rent hereby established for such warehouses res-
pectively: And if any proprietor or «wner shall re- proceedings
fuse so to do, h^ shall forfeit and pay one hundred where the
poands. And where warehouses ai-e not already built ?^"^^^^
at any of the places aforesaid, er where any new ware-jJJJj^
house shall be hereafter appointed to be kept at any
other place, it shall and may be lawful for the Justices '
of the court of that county, wherein such place is, or
shall be, and they are hereby required, to cause the
owner or proprietor of the land, where such warehous-
es are or shall be appointed to be kept; and in casa
auch owner or proprietor be under age, feme covert, or
^ut of the country, then the guardian, husband, or
known attorney (as the case is) of such^ owner or pro-
prietor, to be summoned to appear before them, at the
next succeeding county court, after such summons shall
issue, tliere to dectare whether they will undertake to
«rect and build such houses, wharfs, and other conve-
niences, as the said court shall think fit to direct, and .
lett the same to the inspectors appointed to attend at
such warehouses, at the rent settled by this act, or^^^^ ^kt
which shall hereafter be settled for the same. And in refuses,
case such owner or proprietor will undertake the same,
then tfie said court shall, and they are hereby required
to take a bond, with one suflirient security, in a rea-
^nable penalty, paiable to his miyesty, his heirs and
successors, with condition for the due performance of
such undertaking. And in case such or proprietor
shall refuse to undertake the same, or to. give such
bond, as aforesaid; then it shall and may be lawful for
the said justices, and thry are hereby required, to val-
ue an acre of the said laud, for the use aforesaid; and
to agree with any person or persons, for erecting and
building thereon, such houspi;, wharfs, and other con-
veniences^ ar shall be necessary; And to take bond.
i4a LAWS OP VIRGINIA,
with good security, from such person or persons, for
performing such agreement, and letting suth land and
bouses to the inspectors, at the rent settled, or to be
settled, in pursuance of this act. And the person or
persons \nth whom such agreement shall be made, up-
on paying or tendering to the owner or proprietor of
the said land, the money at which the same shall be
yalued, as aforesaid, andbuitdini; thereon, according
|o his or their agreement, shjill, from thenceforth,
have an estate in fee simple in such land, during the
time such place shall be made use of, for a public ware-
house. And in case the proprietor of the said land,
or any other person, will not build such houses, wharfs,'
and other conveniences, on the said land, and lett tlio
same to the inspectors, at the rent settled, or to be
settled, as afoi*esaid; in that ease, it shall and may be
' , lawful, to and for the said justices, and they are hereby
required, to pay or tender to the proprietor of the said
laqd, the value tliel*eof, according to tlie valuation be-
fore mentioned, and to, cause to be built thereon, such
houses, wharfs, aiid' other conveniences, and to levy the
charge thei*cof, upon the infiabitants of their cQuntyi
fiTid shall take and receive the yearly i*cnt established
or to be established, in pursuance of this act, for reim-
bursing the county the charge of purchasing the said
land, and buihiing thereon: And from thenceforth the
justices of the said county, for the time being, shall be
seised in fee of the said lands, in trust, and for the use
of the said ^ounty, during the time the said place sbeJi.
be ma<le use of, for a public warehouse). And where
justices of any county court, or any other per-
son or ]iersons, have already built warehouses upon
the lands of another person, by virtue, or in pursuance,
of the laws now in force, the said justices, or other per-
son or persop9 shall, in like manner, be seised in fee of
the acre of land, upon which such warehouses are built>
80 long as the said places respectively, shall be made
use of, far public warehquses^ But if any of the pla-
ces, whereon warehouses are, or shall be b,uilt, by the
WoMhouMi J**^^*^^' or other persons, not proprietors|, ^ aforesaid,
^acontinu- ^^^ hereafter happen to be discontinued, tl^ proprie-
ed, tor of the land, returning the price, paid for th^ ^ame,
How owner gball be from thenceforth seised of his former ejitate.
bL'^^w ^'^^ Prcroided alwaySf That where any warehous-
«tt%te, ^ li^^C been, or shall be built, by the justices^ or otbf r
F^FP«r
MAY 1742— 15th GEORGE IL 149
person^ as aforesaid^ and the first proprietor of the land
shall desire to have the same again; such proprietor,
upon paiinent ot so much money, as shall be sufficient
to reimburse the said justices, or other person, the
principal money expended, on the building such ware-
houses, with la>^ fill interest, shall be restored to his
former esti'.te, in the land whereon such wareliouses
are built; and shall receive the rents afterwards grow-
ing due, for such warehouses.
XLL Proroided also^ That nothing herein contained, Routes, or-
shall be construed to give powei'to the said justices, to chords, 8cc
ttake away the houses, orchards, or other imrae<liate"°^*° ^®**-
conveniences, of any proprietor of land, for the uses or ®"*
purposes aforesaid; nor to the said inspectors to keep
any horses, cattle, or hogs, at any of the said piiblic
warehouses, except in inclosures, upon the land ap-,
pointed for such warehouses. And if any swine, be-
longing to the said insiiectors, or any of them, shall be Hogs, how
found at large, upon the land appropriated for such^^P^*
warehouses, or the lands adjoining thercto,^it shall and
nay be lawful, for the proprietor of the land, on which
the said warohousas are placed, to kill, or cause to be
killed or destroyed, all such swine.
XLII. And the justices of the peace or the several Powerof jus-
counties, in their county courts, shall, and are hereby tices in rela-
declared, to liave full power, to put in execution, 8® ^^^"J^^ ^*''^'
much of this act, as relates to the erecting and building
of public warehoused; and to regulate all matters
concerning the same, and to direct the build hig and
repairing of such houses, wharfs, prizes, cranes, and
other conveniencies, from time to time, as to them shall
seem necessary and expedient; And/in case the owner
or proprietor of any warehouse, sliall refuse or neglect
to make such buildings, repairs, wharfs, prizes, cranes,
and other conveniences, as shall be directed by the said
county courts, it shall and may be lawful, for the said
coarts to direct tlie same to be done, at the charge of
the county: And the justices of such county, shall
receive a proportionable part of the rent, for the use of
the county. And if any difference shall arise between Penalty on
such owners, and the justices, touching the proportion, J*"*^^^**^'
the same shall be determined by the governor and Su^*^
council. But if there shall happen to 1^ an immedi-
ate occasion to hire houses, before others can be built,
)|8 aforesaid; tlie rent of such houses shall be paid by
150
LAWS OF VIRGINIA.
the county^ and bo again repaid by the public^ without
any charge upon the landlord. And if upon the appli-
cation of the inspectors to their county courts for bail-
ding and making other necessary houses, wharfs, and
repairs, such county courts shall refuse or fail to do
their duty therein; etery justice so failing or refusing*
shall forfeit and pay one thousand pounds of tobacco:
To be recovered in the general court, with costs, by
action of debt, or information, against such justices
jointly.
XLIII. And be it further enacted. That if any of the
^^ ^\^ warehouses herein before mentioned, shall haiqien to
by GeiiMS ^^ burnt, the loss sustained thereby, shall be made good
Aisemblj.j and repaired to the several persons* injured, by the
General Assembly, at the next session aftc^r such loss.
And in case of such accident, no inspector shall be sued
or molested* for or by re^on of any promisory notes
or receipts by them given, for anytobacco burnt in the
said warehouses; but shall be altogether acquitted and
discharged of and from the paimcnt of the tobacco in
such notes or receipts mentioned: any thing herein be-
fore contained to the contrary, notwithstanding.
Weights and XLIV. And he it further enacted^ by the authority
•ca!es.
aforesaid. That there shall be kept at every one of the
said warehouses herein before appointed, and at all o-
thers hereafter to be appointed, a good and sufficient
pair of scales, with weights to weigh twelve hundred
pounds at the least, and a set of small weights, the
same tlint are or ought to be provided for the standard
Row provi- weights of each county. And where such scales and
4ed. weights are not already provided, or now are or shall
hereafter be worn out, or become arifit for use, tlie
justices of the respective county courts wherein any of
the said warehouses are or shidl be, are hereby direct-
ed and required to provide the same, with all conveni-
ent speed: And the treasurer of this colony, is here-'
by impowered and required to pay the purchase money^
How tried. ^"* ®f ***® public money in his hands. And moreover,
tlie said justices are hereby required and directed, once
in every year at the least, to appoint one or more of
tlieir number, to view the said scales, and examine and
try the weights, at the several warehouses, by tlie
standard weights of the county. And if the said scales
and weights shall want repairing, or the weights be
found deficient^ or differing from the lawful standard^
MAY 1 743—1 5th GEORGE II. £ 5 1
the said justices shall cause the same to be repaired
and amended^ and the weights made conformable to
the standard. And the chargeof repairing and amen-
ding the said scales and weights* and also of trying the
same with the sta([idardy as aforesaid^ shall be paid by
the inspectors, respectively; and be again allowed to
them, in their account with the treasurer.
XLV. And, for preventing the clandestine transpor- Penalty for
tation of bad and unmerchantable tobacco from this co- carrying into
lony, to the provinces of North Carolina and Maryland; j^^fj"^^:
and also for the better preventing the exportation of land. ^^
tobacco in bulk or parcels. Be itjurthtr enacted by the
authority (tforesaidf That no tobacco whatsoever, of the
growth or production of tliis colony, shall during, the
continuance of this act; be transported or caiTied into
either of the said provinces of North Carolina, or Ma-
ryland, either by land or water until the same hath been
first viewed, examined and stamped, at one or other of
the warehouses appointed, or to be appointed, in pur-
suance of this act; nor iintil due entry thereof shall be
made with the officers of the customs in the district
wherein the owner of the said tobacco shall reside; and
a permit obtained from them for that purpose. Apd
if any personor persons shall presume to carry or tr^ST
port, or cause to be carried or transported, any tobac-
co not inspected and stamped, or without having obtain-
ed such permit as aforesaid, to either of the said pro-
vinces, or North Carolina, or Maryland, he or they so
offending, shall forfeit and pay fire pounds for every
hogshead, cask, or case of tobacco, and twenty shil-
lings for every hundred pounds of tobacco in bulk or
parcel, so transported or carried out, contrary to the
directions of this act.
XLVI. JBtnd be it further enacted. That all sberifs, oathk to
nmler sherifs, and constables, who shall be in office on be taken by
the tenth day of November next, shall at thefirst court ^^®"^. *°*
to be held for their respective counties, after the said ^^^^^ ^^ .
tenth day of November, take an oath, that if they shall
at any time know, or be credibly informed, or have
good reason to suspect, that any tobacco is pressed or
packed in any cask, case, chest, or other package what*
soever; or any tobacco is put on board any boat or
vessel, in order to be shipped off, without being in-
spected: or that any tobacco is carrying or carried out
Jl this colony, into Carolina, or Maryland^ without a
152 . LAWS OF VIRGINIA,
permit for so doin.c^y they will forthwith make infor-
mation, and a particular ilisrovery thereof, to the next
justice of the peace of the county where such tobacco
shall be. And that all sherifs, and under sherifs res-
pectively, which shall, after the sa^d tenth of Novem-
ber, be appointed or sworn ninto the said offices, shall
at the time of their being sworn, take the same oath,
and obtain a certificate thereof: And every such olB-
i^enalty. cer failing so to do* shall forfeit five pounds current
money, to the informer; to be recovci*cd with costs, by
action of debt or information, in any court of record,
Oatlis of^m^j,^ y,jg dominion. And every inspector and con-
inspectors. ^^^y^y^^ gi^j^n ^^^^^ ^q game oath, at the first court held
for the county where he resides, or at the same court
if sworn at the county court, after he shall be sworn
into his oilice; under the like ]>enalty. And if any jus-
tice of the peace shall know, or be informed as afore-
said, by any of the said officers, or by any other per-
son, upon oath, of any such tobacco, so pressed or pack-
for . . ed, in order to be shipped ofifV or carried out of this
ofiinin8pect-^^^^''y» without being inspected, as aforesaid, such jus-
ed tobacco, tice or by his warrant, any sherifT, under sherifi^, or
how preven- constable, within the limits of his county, shall have
^^^' power and authority, and is hereby required, to enter
any suspected houses, and to break open alt doors, ei-
ther by day or by night, to search for the same; and fin-
ding any tobacco pressed in any cask, chest, or case,
that shall not contain two hundred pounds weight of
nett tobacco, or any other package, made up in linen,
cords, or spunyarn, of any weight whatsoever, such
justice, sheriff, under sheriff, or constable, respective-
ly, shail seize and destroy the same: And the person
in whose possession such tobacco shall be found, shall
forfeit to the informer ten shillings for every hundred
pounds weight; and so in proportion for a le«s quanti-
ty: To be recovered, with costs, in any coorrt af re-
cord, if it be twenty five shillings current money, or
more; or if under that sum, before any justice of the
peace of the county where the fact shall be committed:
And such justice shall and may issue an execution, ei^-
ther against the body or goods of the offender accor-
dingly; any law, statute^ or custom, to the contratry^
notwithstanding*
Butr of jus- XL VII. And any justice of the peace of any counfy,
tices. near the place where any ship^ sloop,, boat, or other
MAV 1742— 15t1i GEORGlS U. 158
Vessel, shall ride, upon application to hint made, by a-
ny person suspecting any tobacco in bulk, or parcels^
to be on board such ship, sloop, boat, or other vessel^
shall, a|id is hereby impowered and required, to issu6
bis warrant, directed to the sheriff, or any constable
of his county: And the sheriff and constable ^hall
hirt'c full power and authority, and is hereby requii*ed^
to enter and go on board such sliip, sloop, boat, or o-
ther vessel, to search for, and seize such tobacco; and
the same being seised, shall be brought on shore, and
carried before tiie same, orany other justice, who shall
cause the same to be immediately weighed, and burnt
by such sheriff, or constable. And if any master, or
commanding officer of any ship, or vessel, or the skip-
per of any sloop, boat, or other vessel, or any other
person whatsoever, shall resist tlie officer, in the exe-
cation of any such warrant; every such master, olr
commanding officer, shall forfeit and pay fifty pounds:
And evei7 such skipper, sailor> or other person, so re* .
sisting shall forfeit and pay ten pounds. And if any
action shall be brought against any justice of the peace;
sheriff, under sheriff, or (Nonstable, for doing any thing
in execution or this act^ the defendant may plead the
general isr'.ue, and give this act in evidence: And if
the plaintiff shall be nonsuit, or a judgment pass against
him, upon a verdict, or demurrer, the defendant shall
recover double costs.
XJLVllL ^nd be it further enacted^ by tfte authdrity insbcctoro
aforesaidf That no person taking upon him the office jj^"^^^^**
of an ii^spector, shall during his continuance in that ^^mil]^,
office, or within two years after lie shall be out of his
said office, be capable 6f being elected a member of the
House of Burgesses, or shall presume to intermeddle,
or concern himself, with any election of a Burge3S or
Burgesses, otherwise than by giving his vote; or shall
endeavor to influence any person or persons to give his
or their vote, under the penalty of fifty pounds, fore-
very offence. Neither shall any inspector, during the penalty for
time aforesaid, b^, or undertake to be, collector of his interfering
miyesty's quit-rmts, or of any {Public, county, or parish ^ elections,
levies^ or of any officers fees; nor shall directly or in- ^'
directly^ for himself ov any other person, buy or re-
ceive, by way of barter, loan^ or exchange, any tobac-
co whatsoever; under the penalty of forleiting twentj
U— Vol. 5*
i5l
LAWS OF VIRGINIA.
Proviso.
Venalty on
inspectors
taking gra-
tuity.
And upon
persons of-
fering.
Tobacco
when to be
reviewed,
siiillings for every hundred iniuHds of ttibaccosobougbl
oi* J*eceivcd.
XLIX. Frtrcided alwaySf That nothing herein cou-
taincd, shall be construed i*} hinder any inspector from
rccii\ ing lu^ own proper dehts or rcnts^ in tobacco,
'^'hich SthuJl be first viewed^ examined^ and stamjied,
iiCcoiMling to tlie directions of this act.
l4* And for the further and better direction of the
inspectors aforesaid^ in their duty, Beit eiuicted, Th^
110 ififtpecTtor shall take, accept, or receive, dinxtly or
iudirectly^ any gratuity, fee, or reward, for any thing
by him to be done^ in pursuance of this 4»ct, otiier tbau
his aalai7, and the other puimcnts and allowances heiv*-
in befi)re tnentioned and exi>ressed. And if any inspec-
tor shall take, acce|»t, or irceive, any such gratuity,
fee, or reward;, every »uch inspector being thereof
Convicted, shail forfeit ami pay fifty pounds c^^irrent
money; To he recovered, witli co8ts> by any peraon
or persons who Khail inform, or sue for the sane, by
action of debt, bill, plaint, or fafornrntiott, in any court
of record, within this dominion: And nu)reover, sbati ^
be disabled from holding the place or office of an in-
spector, during the continuance of this act. And if
any person or persons shall oftei'any bribe, reward, or
gratuity, to yuy innpcctor, for any thing by him to be
done, in pursuance of this act, other than tbe fees aud
allowances herein before mentioned and appointed;
every pirson so offending, and being thereof convicted,
sliallj for every sucti offence, forfeit and |my the sum of
ten pounds current money: To be recovered, in any
ci)urt of record, within tiiis dominion: One half of
V^hich said ibrfi Iture, shall be to our sovereign lord tbe
king, to and for the use of such inspector I'efuaing such
bribe or reward; and the otlier half to the person ur
persons who will inform, or sue for the same*
LI. dfid be it further enacted. That when any per-
son kIiuII be intith d to receive a hogshead at tobaoco^
by virtue of any ins|iectors uote^ or receipts, the iii-
spcclors shall be obliged to open the hogshead, and
sitew such tobacco to the {>erson demanding the same,
if re({uire(U whetlui* such tobacco bo crop or transfer:
Ami if such person shall refuse to accept of the tobac-
co oiTered or tendered in paiment, as bad, unsoaod, and
unmei'chantable; such person so refusing, and wot ac-
cepting thereof^ shall make immediate application t»
MAY 1742— 15fli GEORGE IL 435
any three jostices^ near c»r nearest to Ihe warelie«6e at
which the tobacco so lefcised. sUaJI beoffiTefl ortlofMler*
ed in paiment, who are no way» related to the partieflA
nor concerned in interest: And tl»e said justiresBhaJl
take an oath^ befoi^e sofnc other justice of the s«ud
county, (which oath such justice is hereby impowered
and required to administer) carefully to view and ex-
amine the said tobacco, and* to the best of their skill
and judgment, nitt to pass any tobacco tlnit is not sound;
wtll conditionedy merchantable, and clear of trasb^ ac-
cording to Ihe directions of this act; and that they
will therrin do thi^ir duty, accoi-din^ to tlieir juilg-
ment and conscience, without fear, favour, affection,
malice, or partiality. Which said three justices so
sworn, are hereby directeil, impowercd, and reqiiiredy
upon Auch application, to repair to the warehouso
where such tobacco shall he offered op tendered inpai-
nienty and carefully to view and examine the same.
Ml such manner as thny shall think lit: And1f any
two of them shall adjudge the tobacco so tendered i»
paiment, to be bad, unsound, or unmerchantable, tf»
cause the same to be immediately burnt: And for
their trouble, the said three justices, who shall be pre-
sent at such view, shall be paid by the inspector or in-
Apoctors whooffered the same in paiment, Hve shiUings
each. And if Uie said justices or any two of them. Proceedings
«haU adjudge the tobacco, so tendered or offered inwhenona
paiment, to be good, sounds and nwrchantablc, J^^^^^**- tobacco ^^
ding to tlic directions o) this act, the said justices sopr^yog \^^
attending, shsill be paid by th^ party desiringsuch view,
five shillings, as aforesaid. And when any tobacco
«hail be tendered or offered in paiment, by any inspec-
tor, and refused, the said inspectors shall not bo at li*
berty to tender or oSer in paiment, nor tlie person de-
manding the same, to receive any tobacco^ in fieu there-
of, before such tobacco shall have been viewed^ a9 a^
foresaid; but the person refusing, shall immetKately
mark the same. And if any inspector shall offiie^r or
tender in paiment, any tobacco, in lieu of tlie tobacco
so refused, before the same shall have been viewed, a»
aCoresaid, or shall not produce the same tobacco so re-
fused, to the said justices;- in either case, it shall' be
taken for a conviction, that tlie tobacco first tendered:
in paiment, way bad, unsound, and Unmerchantable;
And moreover the said inspectors shall fotfeit and pay
156
LAWS OF VIRGINIA,
Further du-
ties of in-
speotorf.
ten pounds, for every such offence. And if the person,
who shall refuse any hogshead of tobacco, as aforesaid,
shall accept and receive another hogshead of tobacco,
in lieu of tli^t refused, before such hogshead so refti-
sedf shall be viewed, as aforesaid,. he shall forfeit and
pay ten pounds for every hogshead.
* LIL And when any prized tobacco shall be brought
to any public warehouse, in order to be shipped on
freight, and the inspectors there attending, shall re-
fuse t<i pass such tobacco, unless such as shall be bad
and unmerchantable be picked, and separated from the
rest; in such rase, tlie said inspectors shall permit the
owner, or other person, bringing such tobacpo, to make
use of one or more of their prizes, for the i*e-packing
and prizing such tobacco. And if there shall be seyer-
al hogsheads of tobacco, belonging to several owners,
to be picked, repacked, and prized, at any public ware-
house, the owner, or other person, bringing the same,
whose tobacco shall be first viewed and refused, shall
be first permitted and allowed to make use of such
prize or prizes; and the same rule shall be observed,
in the prizing all tobacco which shall be picked, re-
'^-'^cked, and prized as aforesaid. And for all tobacco
re-packed and prized, by tlie owner tliereof, or the ser-
Tants and slaves to him belonging, there shall be paid
to the inspectors thereof, only three shillings, for
stamping; and for s}ll tobacco re-packed and prized
by the inspectors, five shillings, for each hogshead;
and also six pence for nails, unless the proprietor shall
find and provide nails. And no inspector shall take or
convert' to his own. use, or otherwise dispose of, any
draughts or samples of freight or crop tobacco, bdt
the same ^if fit to pass) shall be put into the hogshead,
out of which it was drawn, under the penalty of for-
feiting twenty shillings, for every draught so taken a-
way, contrary to the directions of this act: To be re-
covered before any justice of the peace of the county
wherein such offence shall be committed. And all in-
spectors, if i*equired, shall alter the mark of any hogs-
head of tobacco, for which they have before given a're-
ceipt; and for preventing confusion and mistakes, shall
keep a waste book, in which shall be entei*ed the marks
and numbers of all hogsheads of tobacco received by
them; and another book in which shaU be entered the
nMU*k8 and numbers thereof, when the same shall be
TV ■ • ' ■•" = — ^ ^\
MAY ir4S— 15th GEOUAE II. 157
delivered out by them. And all inspectors, when re-
4{uired» shall be obliged to prize any hogshead of crop
tobacco, under eight hundred and fifty pounds uett^so
as to make it up that weight; but shall receive the
same fee upon such hogshead, as for transfer tobacco,
and may make the lawful abatements, for the tobae-
co prized in. And where any tobacco shall be brought
to any warehouse, by the overseer of the owner there-
of, the inspectors shall give notes and receipts, in the
fiame of the owner, and not of the overseer.
LIII. Jind be it further enacted^ by the auihoriiy a-
foresaidf That any light hogsliead or parcel of tobac- hetHsho^
CO, after the same shall be passed at any public ware- disposed pf.
house, and not stamped, shall and may be delivered out
by the inspectors, to the owner of their notes; and
such tobacco may be carried away, for the better sor-
ting and stemming the same; provided the person re-
ceiving such tobacco* shall pay for the inspection there-
of, aftertherateoffiveshillingsforevery eighthundred
pounds weight; and so in proportion for a greater or
lesser quantity: And that such tobacco shall not be
shipped off, until it shall be again inspected, passed and
stamped; for which, the inspectors shall again receive
the established fees, under the same penalties, as are
herein before inflicted, for shipping off, and taking on
board any ship, or other vessel, tobacco not inspected,
Tiewed, and stamped, ^cording to the directions of this
act.
Liy. .^nd be it further enactedf That the owner of Transfer
any transfer notes, may, at anytime, receive and mark notes how
hogsheads of tobacco, for satisfying such notes, and converted
the inspectors shall take in their former notes, and de- "^ ^^^'
liver crop notes and receipts for such hogsheads, and
ihall be answerable for the safe keeping thereof, in the
Bame manner as they are for crop tobacco: But the
person receiving such hogsheads, shall pay to the in-
spectors, five shillings and six pence, for the inspection
and nails, for every hogshead; that is to say, two shil-
lings and six pence down, and three shillings when the
tobacco shall be delivered out. And the inspectors
shall sell all transfer tobacco, which shall not be so re-
ceived and marked, before the time of holding the court
of their respective counties, in the month of October, virhentob#
yearly, by public auction, in their county courts, res- «>U1.
^ectively held in that month; and shall pay the money
453 LAWS OF VIRGINIA,
arising by sucb sale^ in satisfaGtion of their notes,
from time to tiine, to tlie proprie!;o*rs tliereof making
their demand; under the same penalty, ae is inflicted,
for not paying inspecto]*s mites.
Inspectors i^y^ ^^A for preventing frauds that may be practis*
make petum ^^' by selling only part of such tobacco not received,
ito court as aforesaid, Beit enacted^ That all inspectors at
tlie said court lield for tl»eir county, in October* sbali
lay before the court* an account, u|)on oatb, of all the
transfer tobacco, at that time in their hands, before
the same shall be exposed to Kale: And if there be
no court in that nrM>ntb* then such inspectors shall make
oath to their account, before any justice of their county
and deliver the same to him; wlio is hereby required
to return the same to the next court that siiall be held
for his county. And all inspectors shall keep a just
and true account of the tobacco gained or saved* upon
the sdlowances made for cask or shrinkage of transG&r
tobacco: And if any tobacco shall be so gained or sa-
ved* shall exhibit an account thereof* upon oath, in tlie
same manner as is before directed* concerning transfer
tobacco not received; and'slmll also sell the tobacco
so gained and saved* in the same manner as is directed
for the sale of transfer tobacco; andshall account for the
money arising by such sale* to the treasurer of this colo-
ny* for the time being* in tlieir next acconnt witli him:
And the said treasurer shall account for the same* to
the General Assembly. And no inspector shall con-
vert any tobacco so gained or saved* to his own use.
When lose- LVI. Jind be it further enacted by the authority a*
count with foresaid^ That all inspectors shall annually* before the
treasurer, tenth day of November* in every year, account with
the treasurer of this colony* upon oatli, for ^ monies
received, or which ought to be received by them, by
virtue of this act, (except the money paid for nails) for
every hogshead of transfer: In which account tliey
shall be allowed their salaries, the rents of the ware-
houses, and all other necessary disbursements in pur-
suance of this act.
Proceed- LVII. And for the better detecting of inspectors
inroe^iS^ who shall not do their duty, and the more speedy and
for breach easy examination into complaints against them. Be U
•f duty. further enacted^ 'I'liat any three justices of the peace,
not being inspectors, whereof two shall be of the quo^
rum, siiidl have power to hear all coDi4)lauit<» afaiost
MAY U4«— 15th GEORGE IJ, 459
any inspector, within tlieir county; and to take the de-
positions of witnesses, upon the matter of such com-
plaintt on botli sides: W hich shall De transmitted by
them, to the governor and council, for their determi-
nation. And to the end such depositions may be ta-
ken in the best manner, the clerk of the county, or
some sufficient peison by him to be ap|>otnted, shall at-
tend the said justices, for that purpose; and be paid
by the county, the same fee as is or shall be by law
established, for attending the examination of witnes-
ses upon a dedimtis potestatem: And morem-er, the
said justices shall have power to visit all or ajiy of the
publick warehouses within their county; and if they
shall discover any negligence in the inspectors, either
in securing the tobacco, or stowing the same away in
a proper manner, for saving the room in sucli houses;
or that they do not keep a sufficient number of hands
for dispatching the business; or do not attend con-
stantly, according to the directions of this act; or, that
they are guilty of any other breach or breaches of tlieir
duty; the said justices shall certify the ja^vernor and
council thereof. And if the^reupon any inspector shall
be adjudged guilty of a breach of his duty, he shall be
removed from his office; and for ever after be incapa-
ble of serving as an inspector* And if any inspector
shall be removed from his o^ce, upon a complaint, ami Costs.
prosecution against him, in the method by this act
prescribed, he shall be liable to the action on the case
of the prosecutor, for his necessary costs and expences
in such prosecution; in which the prosecutor shall re-
cover his full costs of suit: And every inspector siiall
moreover be liable to the action of the party grieved,
for all loss and damage that may happen or arise to a-
ny person, by occasion of any failureof duty, or neglect,
of any such inspector; in whirli action, the plaintif
shall recover his full costs, altho' the damages do not
exceed forty sliillings.
LV III. ^nd be it further enacted, by the authority a- Peiuitiei^
foresaid. That ail the penalties and forfeitures in this how recove-
act contained, not herein before particularly appropri- J^^^'e & ap-
ated, shall be one moiety to our sovereign lord the king, P«>P"*^<^
bis heirs and successors; to be applied towards do-
frayiog the charges of the execution of this act; and
the other half to the person that will inform or sue for
ttie same: And shall and may be recovei'cd with
leO LA\i^S OF VIRGINIA^
co'itft, by action uf debtf or informationi in any court of
rt-^corcl wit kill tliis doininion> where the penalty or
foifeituref^xceeds twenty-five shillings* or two hundred
pounds of tobacco; and where the same do not exceed
tboge sums, before any justice of the peace of the coun-
ty vvliei*c lite o^cnce shall he committed.
LIX. And whereas ill disposed persons may be en^*
Umiution roura^d tu offend against the acts of Assembly here-
of pro«ecu^ in before i^crited, and now in force, Jot amending the
^*'^- stapU of tohfLcco and preventing frauds in Ms majes-
iy*s mstams^ in hopes to escape punishment, by reason
of the uxpirntinn of the said acts: For preventing
theri'or. Be it enacted^ by the authority aforesaid. That
all iKiudtie^ and forfeitures laid and imposed, in and
by any oF tl»e ^M recited acts| and all breaches of add
Dlfcnccsi a|i;Liliist the same, shall and may be sued for,
and pni^pcult (If and judgment given in such suits and
. pro!^('t-utioTiH, notwithstanding the said acts shall be ex-
pired at the time of the prosecutions begun, or judg-
ment given in the same manner as such suits and pro-
secutions m 1^1 it have been commenced, and judgments
given in case the said acts were not expired; any law,
^t£Ltut^^ custom, opusage^ to the contrary thereof, in a-
ny wise, notwithstanding. Provided ahvaySf That
such prast*cution be commenced within one year after
the offencc! committed.
continufiTicc ^^' "^'^^ ^^ ** further enacted That this act shall
limits act. continue and be in force, for the term ot four years,
from the ninth day of November next.
CHAP. II.
Jn Jd far continuing the Act, intituled^ an Jlct for
iditjing a Duty upon slaves, to be paid by the Buy-
ers^
L ^WTTHEREAS, the act nf Assembly^ made in th«l
¥ ? tiftU and sixth years of the reign of his pre*
I'rtambk- ^^f,^ majesty, intituled, an act for laying a duty upon
slaveSf ta be paid by {he buyers; which was continued,
by one otiier act* made* in the eighth year of his present
• maji^Kty's rci^ni and was further continued and amen**
ded, by one other act, made in the twelfth year of his
present majesty's reign, will expire on the last day ef
MAY 174£— 15th GEORGE II. i61
July, in the year of our lord one thousand seven hun-
dred and forty-four; And the same having heen found
very easy to the subjects of this colony, and no ways
barthensome to the traders in slaves; and, at this
juncture, very necessary to be continued, in order to
discharge the public debts:
II. Be it therefore enacted, by the Lieutenant Goroer- p^,,^^, ^^
noTf Councdf and Burgesses, of this present General As- for laying a
senMy, and it is hereby enacted by the-authority of the duty upon
Mim«, That tlie said first mentioned act, made in the •ja^e^ con-
fifth and sixth years of his m^estj^s reign, intituled, Jh^c yws,
on act for laying a duty upon slaves, to be paid by the from the last
buyers; and the said act, made in the twelfth year of day of June,
kis said majesty's reign, for amending the same; and ^^^*
also one other act, made in the tenth year of his
said majesty's reign^ intituled, an act for laying a
duty upon liquors imported by land, and better securing
the duty upon slaroes, and for other purposes therein
mentioned, as to so much thereof as relates to the duty
upon slaves, and is not repealed or altered by the said
other act, made in the twelfth year of his majesty's
reign, shall continue, and be in force^ from the said
last day of July, one thousand seven hundred and forty
four, for and during the term of three years^ from
thence next following, and no longer.
CHAP. IIL
Jti act for conUnmng and amending the Act, intituled,
Jin Act, for laying a duty upon Uqiwrs.
I. X1|7HEREAS, the act made in the fifth and sixth preamble
▼ ▼ years of his present majesty's reign, intituled,
on act, for laying a duty upon Uqvors; which was con-
tinued by one other act, mad^in the eighth year of his
said majesty's reign; and was further continued and
amended by one other act, made in the twelfth year of
his said majesty's reign; will expire on the last day of
July, in the year of our lord, one thousand seven hun-
dred and forty-four; which said acts have been found
by long experience, to be an easy exiiedient for raising
money, to answer the exigencies of tlie government
and lessening the poll tax:
W~VqJ. 5.
i62 LAVS OF VIRGINIA.
PDimer acu ij. JBe it therefore enacted^ by the lAeiUenant'OiroerV'
conu. dfor^^ Catmdl^ and BurgessesSf of this present General
fr^ro^thT' Assembly}, and it is hereby enacted^ by the oMorUy of
last day of the samei lliat the said act, made in the fifth and sixth
July, 1744. years of his majesty's reign^ intituled, an act for lay-
ing a duty oti liquors; and the said actf mtkie in the
twelfth year of his said nuvjesty's reign,/or continuing
and amending the same; and also one otiier act, made in
the tenth year of his said majesty's reign, intituled,
an act for laying a duty on liquors imported by landf
and better securing ihe duty upon slaroeSf and for aOur
purposes therein mentioned^ as to so much thereof a»
relates to the said duty imported hy land, shall contin*
ue, and be ill f^ce, from the said last day of July, one
thousand m*Ven hundred and forty-four, for and during
the terra of two years, from thence next following and
no hmger.
ewncr of li. IH^ Jni be it farther enacted f That during the ron-
tin^'^he ^^"^ tinuancf^ of the said acts, if the owner of any liquors,
•ame, within of which the duties or customs shall be patd, or secu-
aix months red to be paid, shall, within six months after the im-
after the im- pQ|.tation thereof into this colony and dominion, be dc-
K^aWowed^ sirous to export the same, or any part thereof^ in sucb
ihe whole^ case, tfee person intending to export it, shall give a
duty. particular account of the marks, numbers, and con-
tents of the casks or vessels containing the liquors he
intends to export^ to the collector of such district from
whence the same is to be shipped for exportation, to-
gether with the name or names of such person or per-
sons from whom the satne was bought| and shall sub-
scribe it also, and make oath thereto, before the said
collector; at which time he shall also declare, upon
oath, that the said liquors shall be directly carried out
ef ibis dominion, and not sold, delivered, or put on
shore within the same, or brought back again> without
making a new entry, and paying the duty; and shall
also deliver to the collector aforesaid, an account in
what vessel the same was entered at impoi-tation,with
the oath of the person or persons by whom it was in^
ported, that the duty or custom thereof was, at th%
time of entry, duly paid, or secured to be paid, accor*
ding to law; And then it shall and may be lawful for
the collector, where th« duty or custom for the same
Was paid, or secured to be paid, and he is hereby re-
quired and enjoined, to allow to the said exporter^ tha\
MAT 1742— 15tli GEORGE 11. |6«
wbole duty or custom paid, or secured to be paid, for
the said liquors so to be exported; any thing in any
former act to the contrary^ in any wise, notwithstan-
ding.
IV. And whereas it has been found, that some per- No drawback
sons within this colony, do often expoii; by land, liquors, ^ b« <>« **-
on which there is allowed a draw-back, and f«*q«cnt. JJiby^J^ST
)y run the same back again, without making entry
thereof, or paying the duties or customs imposed there-
on, to the manifest prejudice of the fair trader^ and
the diminution of the duties: For the prevention of
such practices for the future, Beit enacted. That from
and after the passing of this act, no draw back shall be
allowed, on any liquors exported out of this Colony, by
land.
y. Jind le It further enackdf That if any person Penons es-
or persons shaH, after the passing of this act, export porting U-
Itquors, on which there is a draw back, to tlie P*^^"n^*2|5IJJ*^^
of Maryland; before such person exporting the 8ame,pVod^e a
shall be entitled to the draw-back thereof, he shall pro- certificate,
dace to the collector of the duties, from whose district t*^*^ *^ ^-
the same was exported, a certificate, under tlie hand entered^and
of the officer of th^ customs, in Maryland, that the landed there.
said liquors were entered and landed there. And
for the preventing of frauds in the importation of
nsoney, by land.
VL Be itfurtiier enacted^ That all ])ersons impor- ^^ ^^ ^^
ting money, with intent to pay the duties on liquors and nade by im-
slaves; snch person or persons, before they shall ob- porters of
tain a certificate thereof, besides the proof already money, be-
required by law, shall make oath, that tlie money im- [n^a c^^-
ported, was not carried out of this colony, with an in-cate.
tent to be brought back again; and that it was not ex-
changed in any adjacent province, for monies carried
from this colony, with any view to obtain the benefit of
Am allowance on duties paid with imported money«
164 LAWS OF VIRGINIA,
CHAP- IV.
Jn Ad for inspecting f weighings and stamping aU pork^
and beef 9 packed in this colony 9 or imported for sale^
before the same shall be sold here or shipped for expor-
tation; dud to amend the Act, intiiutedf An Act^ for
ascertaining the gauge of barrels for pork, beefy tar,
Preamble. and pitch.
L VI7HEREAS the act of Assembly, made in the
TV fourth year of the reij^n of her late majesty
. quern Anne, intituled, an act* for ascertaining the
gauge of barrels for porkf heef^ tar, and pitdt, is
found, by experience, ineffectual, to restrain die
frauds and abuses practised by the sellers of these com-
modities; to the manifest pn-judice <Tf the fair trader,
and to the great depreciating the value of such mer-
chandize,
Ko ork or **• ^^ ^^ therefore enacted, by the Lieutenant Govern-
beef to^be^'^' Cot^ncU* and Burgesses of this present General As-
exported msemhly, and it is hereby enacted by the authority of the
packed in same,' That from and after the first day of October
barrels. next,' no pork or beef shall be exported out of this co«
lotiy, until the same be packed in barrels, under the
County regui itions hereafter expressed. And the justices of
courts annu-^very county court of this dominion, shall be impowcr-
point%er- ***'> ^"^ ^^^^^ ^^^ hei^eby authorized and required, in
»on^ to in- the month of August, or September, annually, to nom-
•pect tiie inate and app^^int, in open court, one or more, not ex-
P'^^J^^^'j^^cceding six in any one county, fit and able person or
pork or beef P^r^^i^9 residing in the same county, to inspect the
for sale or package and weigh all pork and beef, packed for sale,
exportation, o,. exportation* within their respective counties.
III. And be it further enacted* That every barrel of
th^barrets^ ' P^^^* ^^ ^^^f' packed withtn this colony, for sale or ex-
ascertained, portation, or imported here, iphall contain at least two
hundred and twenty pfiunds nett, of good, clean, fat,
sound, roeiThantable meat, well salted between each
layer, well pickled, and no more than two heads of
To b P"'**^ '" **"**' barrel: And after the same has been in-
ped a^^ spected. Weighed, found merchantable, and past, by tlie
tified. inspector or insjiectors,' residing in the pounty Where
the said pork or beef is packed, every barrel ' shall
be by him or them stamped or branded, distingtiishrrig
upon the head of every pork barrel, whether it is lat-ge
MAT ir42— 15th GEORGE H.
165
•r small pork; and a certificate of ^he marks and
numbers of ail barrels* so pabsed and staiitpedy shall be,
by tlie inspector or inspectors, given to the owner.
• IV. And be it further enacted^ That every person ap-
pointed as aforesaid, to inspect, weigli, and stamp pork toTe^swowt
and beef^ shall, before he enters upon the execution of
that office, make oath, before the court of his counQr,
}* carefully to view and examine, when required, all
^* pork and be<;f, packed for sale, or exportation^ and
** to the best of his skill and judgment not to pass or
^ stamp any barrel of pork, or beef, tliat is n(^t g^^od,
'* clean, sdund^ merchantable, and of due weight* ac-
«< cording to tlie directions of this act; and faithfully
^ to discliarge the duty of his office, without favour,
<< partiality, or other by-respect.** And shall constant- ^heir duty
ly attend, uponnotice, at such time and place as the& allowance
owner of the pork or beef to be inspected, shall appoint
to inspect, and see packed, weigh, stamp, and certify,
all pork and beef to him tendered for inspection, with-
in his county; and shall provide a stamp or stamps,
with the first letter of his county, the letter V, for
Virginia, the first letter of his own christian name, and
his whole surname at length, to be stamped on each
barrel by him passed; for which he may demand and
take six pence, for every barrel by him inspected, and
no more; to be paid by the owner, before certificate giv-
en. And if any officer so appointed and sworn, shall « ^. |^
neglect his duty, or shall stamp and certify pork* ov^^l^^^^
beef, not packed, qualified, and of due weight, as this their duty.
act requires, he shall forfeit and pay five shillings, for
every offence, to the informer; recoverable before any
justice of the peace.
V. Jlnd be it further enacted^ That all persons in- y^^^^^ ^f
tending to export pork, or beef, shall deliver the in- ^eg,^l,t" ^
spectoi^s certificate of the marks and numbers of eve- produce cer^
ry barrel to be exported, to the master of the ship or^ificatetom^
vessel wherein the same shall be shipped; to be •^ybeswonT
him produced to the naval officer of the district where
such ship or vessel rides. And every master of a ves-
sel, whereinpork, or beef* shall bo exported, shall make
oatii <<that he will not knowingly tsike, or suffer to be
^< taken on board his ship or vessel, any pork, or beef,
<< not stamped and certified, according to this act:''
Which oath, the respective naval officers of this colo-
ny, are hereby impowered and required to administer.
^g6 I^A\rS or VIRGINIA,
Pork or beef And if any pork, or beef, packed in barrels, for eipor*
P*^^^*^^ tation not stamped, and certified, as by tbis act direct-
i^d certiScd«<'> ^^ ^"J parcels of pork, or beef, not packed in bar*
orunpackecUrels, (except for necessary provisions) s|iall be put on
if shipped, board any ship or vessel, to bo exported; every such
tion *Sbl^ barrel, or parcel of pork, or beef, may be seized by any
to be seized sworn officer, and brought on shore; and shall be for-
and forfeit- feitcd to the informer; recoverable before a justice of
^' the peace. And the offiqer making such seizure, may
demand and take the same fees as for serving execu*
tion; to be paid by the party for whom the seizure was
made. And if any officer shall be sued, for any thing
by him done, in pursuance of this act, he may pl«ad
the general issue, and give this act in evidence; and
upon nonsuit^ or a verdict for the defendant, he shall
have double costs. And the master of such ship or
on masted vessel, shall forfeit and pay twenty sliillings for every
taldng it on barrel of pork, or beef, so taken on board; recoverable
board. before a justice of the peace, in any county in this co-
lony, if the sum does not exceed five pounds; and if it
is more, then to be recovered by action of debt, or in-
formation, in any court of record, of this dominion.
YI. Jind be it further enaded^ That all pork, and
M haireb j^^^f^ exposed to sale, or barter, within this colony, in
bee^for'sale barrels, whether the same be packed here, or impor-
or barter, ted from Carolina, or any other place, shall contain at
shall contain fcast two liunflred and twenty pounds, nett meat, allow-
^t meat '*"S ^^^^ *^*^ ^"^ •" ''*'*^ P*** ^^"^ ^^^ shrinkage, or
under a pen- loss of weight, packed, stamped, and certified as this
tity. act directs. And if any person shall sell, or expose to
sale, pork, or beef, in barrels of less weight, he or she
shall forfeit and pay, to the informer, twenty-four sliil-
lings current money, for every such barrel sold, or ex-
posed to sale, recoverable before a justice of the coun*
ty where such offence shall be committed, although the
penaUy shall exceed twenty shilling sterling. And e-
very justice of the peace, upon such complaint, and
Penalty, bow due proof thereof before him made, shall and may by
^^ '*^^- virtue of this act, enter up judgment for tlie whole
penalty, and award execution thereupon; any layir to
the contrary notwithstanding. Provided mverthdesSf
That from such judgment, for more than twenty shil-
lings sterling, the party grieved may appeal to the next
court to be held for the county wherein such complaint
was made; the appellant giving bond> with sufficient
MAY 1742— 13tli GEORGE 11. ^67
Mcuritjr, before the justice entering up such judgment*
that he mtIII prosecute his appeal with effecty and pay
ail costs und damages awarded by the court* if the
j udgment be affirmed. And the j ustice of the peace taking
such bond* shall return the same* together with the
whole record of his proceedings uponllie complaint be-
fore him made* to the same court to which such appeal
shall be* And such court shall and may receive* hear*
and finally determine the same*
VII, Jtnd he it farther enacted^ That every seller* or scUer or ex-
exporter* of beef* or pork* packefd in this colony* und porter of
stamped* shall make oath before a justice of peace* P*** ^^ ^®®^
within three days before delivery of the goods sold or^ ^^ ''^''™-
exported* << That the several barrels of pork* or beef,
^ by him intended to be sold* or exported* are the same
<< that were inspected and stamped* and do contain the
«« full quantity* without embezzlement to his knowl-
«<edge*'' And shall obtain a certificate of such oath
by him made* to be delivered to the buyer* and, upon
exportation* to the master of the vessel* and by him re-
turned to the naval officer* together with the inspect-
iir's certificate* as herein before directed.
VIII. And he it further enadedf That every cooper*
and every master or owner of a servant or slave* set- ^f orbar-
ting up barrels for pork* or beef* shall make the samerek ascer-
with good* strong* well seasoned timber* half an inch tained.
thick at least* tight* well hooped* and containing from
twen^ nine to thirty one gallons each* with his name
or the name of the master of such servant or slave* at
length* stamped or branded* upon every barrel; under
penalty of two shillings and six pence* to the informer;
recoverable before a justice of peace.
IX. And whereas the penalties by the before recited Recital
act* laid upon persons setting up* selling or exposing to
sale* or exporting tar* or pitch* in barrels contrary to
the directions of that act* or mixed with trash, or
not filled with clean tar or true made pitch* have been
found excessive* and not well adapted to trader Be i^sjonsofW-'
therefore etuuiedf That every person* setting up* or rels for tar^
causing to be set up* barrels for tar* turpentine* or turpentine
]tttch* shall make, or cause the same to be made* of ^'^ P^^^^-
good* strong* well seasoned timber* tight* well hooped*
and each barrel to contain thirty one gallons and s^p ^.
half* wine measure* at least; under penalty of two ^ ^'
sUllings and six pence per barrel; recoverable by the
*68
LAWS OF VIRGINIA.
Barrels of tar informer before a justice of the peace. And if VLUf
turpentine, person sliall sell, expose to sale, or barter, or expoit
or pitch, of ^^j.^ turpentine, or pitch, in barrels of less contents
o?if miked than by this act required; or tari pitch, or turpentine,
with twh, in any barrels mixed with trash, or not filled with
or not fined, ^lean tar, true made pitch, or good turpentine, the par-
tobe forfeit-^ ^^ offending, shall forfeit and loose every such bar-
rel of tar, pitch, or turpentine, found contrary to this
act, to the informer; recoverable before any justice of
So much of the peace of tliis colony: And tliat so much of the a-
the former foresaid act of the fourth year of queen Anne, as r«-
act as is con- jj^^^g ^ j^y matter or thing within the purview of this
^aied*'^*^^, shall be, and is hereby repealed, and made void.
Commence. X. Md be it further enacted. That this act shall
ment and commence the first day of October next, and remain
^li?/!*^**^® and be in force for three years; and from thence to
the end of the next session of Assembly^ and shall be
deemed a publick act.
of this act
Preamble.
Where to-
bacco dues
payable in
money.
f enahy up-
QiTi «heriff, or
collector,^x-
acting a
Ipreater
price.
CHAP. V.
dn Jlctf to allow persom not concerned in maJdng Uh
baccOf to disdmrgt Levies and qfficersfees in nwn^y.
I. TTl OR tlie more easy paiment of all levies, secrc-
JL tary's, cKiks, shcrifs, and other officers fe*Sy
by the inhabitants of this colony, who make no tobac-
co. Be it enacted^ by the Lieutenant OoroernoTf Coun^
dlf and Burgesses, of this present Oeneral Assembly,
and it is hereby enacted, by the authority of the same.
That all and every the inhabitants of this colony, who
are not employed or concerned in planting or making
tobacco, shall be at liberty, at all times hereafter, to
pay and discharge all levies and officers fe^s, wherewith
they shall be chargeable, in current money^ at such pri-
ces and rate49 for tobacco, &s shall be settled by tlie
courts of their respective counties, at the time of lay-
ing the county levy, in every year: And the justices
of every county court are hereby authorized and re-
quired to settle the same accordingly. And every
stieriff, or collector, exacting a greater price, shall for
everywich offence, forfeit and pay the sum of five pounds
to the party grieted: To -be recovered* ytitk
May 1742— l§th GEORGE II. 169
*by action of debt, or information y in arty court of re-
cord in this dominion.
U. And for preventing disputes, what persons are No peuron to
meant and intended, by this act, to be allowed to pay ^h *rb^of
the levies and fees aforesaid, in money; and in what tfafg ^ct un*
proportion, the public, county, and parish creditor 3« less approv-
shaii be obliged to accept the money so to be paid, for ^*^ 9^^y ^*
tlie said levies. Be it further enacted, by Hie authonty ^^^
aforesaid, That no person or persons whats^iever, shall
be allowed to pay and discharge the levies and fees,
wherewith he, she, or they, is or are chargeable, in
money, by virtue of this act, but such only as shall be
approved of, by the county court, at the time of laying
the levy in every.year, and declared, by the said jcourt,
to be within the intent and meaning of this act. And \
the clerk of every county court shall enter upon record, ^.j^"^ toen^
the names of the several persons so approved of, by the ter their
court and .deliver a list of the names of such persons names upo«
to the sheriff of his county, within twenty days after J^^^ *^^
the laying of the levy; under the penalty of five pounds: to the'she"
I'o be recovered by the said sheriff, to his own use, by iff, under •
action of debt, or information, in any court of record, penalty.
And the said county courts respectively, shall, at the
time of laying their levy, settle and apportion how
much of the money so to bepaid^ in discharge of levies,
as aforesaid,* shall be paid to each public and county
creditor, respectively. And the vestries of every par- County
ish shall In like manner, every year, at the laying of ^^^ ^^'
the parish levy, settle and apportion how much of suchoion^ so^a
money shall be paid to each parish creditior, respective- be paid, a-
ly. And every public, county, and parish creditor ™°°?*^*5
shall, and is hereby obliged, to accept and take of the ^^n^^*]^^^.
sheriff^ or other collector of the said levies, so much of itors.
the money as sliall be so settled and apportioned, in
lieu of the tobacco he might otherwise have claimed.
And the several officei's, to whom any fees shall he due. Creditors
from the persons hereby allowed to pay the same in *"^ ^^t^^
money, shall and they are hereby obliged, to accept and cepf of the^^
take of the sheriff, or other collector, of the said fees, money, in
the money to be paid, by virtue of this act, in full sa-li®**o*'*®bac-
tisfaction of the same; any former law, custom, or u-^^"
sage, to the contrary, in any wise, notwithstanding.
111. And he itfurtlier enacted. That this act shall Continuance
continue, and be in force, for the term of one year, and <>^ this act
X~vol. 5.
i70
LAWS OF VIRGINIA,
from thence to the end of the next session .of Asaem*
biy, and no longer.
CHAP. VI.
dn Aci9 to explain and amend part of an AcU intiluUdf
an Mtf directing the duty of Surveiors of landf and
ascertaintfig their fees^for so tntuiJi as relates to w-
sning plots, or copies ofstirveys.
Freimble., I. irWTHEREAS,by an art of Assembly, made in the
T T fourth year of the late queen Anne, intituled,
an actf directing the duty of surveyors of land, and os-
ccrtaining their fees^ it is, among other things, enacted,
that every surveior shall within six months after sur-
vey, give to his employer, a survey and plot of the s^id
land, so by him surreied and laid out: And that no
surveior, within six months after survey made, give a
copy of the said survey, or plot, other than to the
person that fii^st in a lawfuf manner employed him io
make the said survey. And whereas, for their own
private profit, and to avoid the delivery of tlieir accounts
to the sheriff, tobe by him collected in a legal manner,
- several surveiors have presumed, immediately after
the time therein limited, to issue certificates of sur-
veys by ihera made, to any person applying for the
same, and paying down the surveiors fees; and do ac-
cordingly grant and issue su(*h certificates; whereby
many controversies, and expensive law-suits have bten
encourage<l, to the oppression and rain of poor fami-
lies: For remedy whereof, for the future,
11. Beit enacted, hy tlie Lieutenant- Chvemor, Coun'
cU, and Burgesses, of this present General AsstnMyt
arid it is hereby enacted, by the authority of the same.
That Irom and after the passing this act, no surveior
shall, at any time, issue or deliver any certificate, copyt
or plot, of land, by him surveied, to any other than
only to the person or persons for whom tlie land in such
certificate, copy or plot mentipned, was or shall be
surveied, or to his or their order; unless sut^h person
or persons slialt refuse to pay the surveioKs fees,, for
m aking such survey; to be proved by the sberif 's re-
turn upon the surveior's accounts delivered him to col-
lect, certifying, that the party has no effects in his
Sunreion
not to issue
or deliver
certificate,
copy or plot
of land, to
any other
person than
-die person
for whom the
land was sur-
veied, or his
order, unless
hit fees are
refused to be
paid, or
tlie land is
I mill
MAY 174^— 15th GE.ORGE 11. 17J
BaiKwicky whereupon he can levy the same; or shall legally
have legally Torfeitod his or their right to the •»"<*; u^^jSerl^e-
to be proved by an autlientic copy of the order of roun- ^ty!^ *^*^
ciU declaring such forfeiture, produced to the oflficer.
.And if any surveior shall hereafter presume to issue a-
fiy certificate^^py, or plot, of any survey made with-
in his county^o any other than the pt-rson or persons
by this act entitled thereto, every surveior so oflVndin^
shall be liable to the ac'tion of the party grieved, hift
executors or administrators, lor damages, and costs:
To be recovered in any court of record, within this do-
minion. • . •
CHAP. VII.
An AcU for repealing part of an AcU intitvledf an Ad
to prevent frivolous ana vexatious suits; and t9
regulate Attomies practisiiig in the county courts*
L VMJHEREAS, by one act of Assembly, made in
▼ f the fifth and sixth years of the reign of his Preamble.
present majesty, intituled, an acty to preveitt frivolous
andvexatim^ suitsn and to regtdate attornies practising
in the county courts, it is, among other things enacted,
that no person whatsoever, shall practise as an attor-
ney, in any county court, or other inferioiv court,
in this colony, without a license first had and obtained
from the governor and council, in manner as in the said
act is mentioned. And whereas the said provision hath
not been found to answer the good design and intention
thereof.
IL Beit enactedf by the Lieutenant Governor 9 Coun- Repealing
cU, and Burgesses, of this present General Assembly, and clause.
U is hereby enacted, by the authority of the same. That
so much of the said recited act, as relates to the gran-
ting licenses to, and regulating of attornies, practising
in the county courts^ be, and is hereby repealed and
made void.
it 2 liAWS OF VIRGINIA,
- CHAP. VIII.
Jn Jld, for paying the Burgesses wages in mon&iff
jor this present session of tAssembUf*
itedulofthe '' WT'HEREAS, by one act of Ass^bly, made in
3fl ami 4th*^ T ▼ the third and fourth years of Tue reign of hi«
George 11. present majesty, tntitiiled, an actffor the better regula-
ting UtepaimenLqf the Burgesses wages, it was, amongst
other things, enacted, that when ahy sessioa of Assem-
bly Hihauld be thereafter held, and, upon examination
of the tr^surer's accounts, it should appear that there
are monies sufficient in his hands, to discharge all the
monc V debts, together with the Burgesses wages, and
the siihiPics and allowances t») the respective officers of
tlic Cirneral Assembly, leaving and reserving, in the
hands of the treasurer, over and above the said paiment^
a balance of one thousand five hundred pounds, at the
* lea^t; then every burgess elected, and serving, for any
fiiHinty , or corporation, within this dominion, should be
pnii] out of the said public money, the sum often shil-
linp^ji far each day he should serve in the house of Bur-
gesses; with such further allowances, and under such
restrirtions and regulations, as in tlie said |ct is at large
c»ii«esQfthedinxted And whereas, by reason of the large sums
dtfficicncy ^f mnticy given and granted to his majestyr at the two
in Ou; trc;u |^^,^ scssious of Assembly, towards defi-aying the ex-
! pemr of victualling and transporting the soldiers rais-
ed Jn this colony, to serve against the Spaniards: And
also, by reason of a great arrearage of the duties upon
liquors and slaves, the wages of the Burgesses for this
present session cannot be discharged in money, accor-
ding tt> the letter of the said act; but it is likely, that
hy iTccipt of the said arrearages, and otherwise, there
will soon be money sufficient in the hands of the trea-
fiurei': And forasmuch, as the paiment of the Bur-
ge.sses wagei) in money, for this present session, will be
a great ease to the poorer sort of people, by lessening
the le\y by the poll.
Burgesses to jj^ Be it enacted, btf the Lieutenant-Governor, Coti^n-
thJ^mih^nf ffhftnd Burgesses, of this present GeneraUssemhly 9 and
April next. '' i^ hereby enacted, by the authority of the same^ That
the Burgesses wages, for this jiresent session of As-
sembly, shall be paid hy the treasurer, on the thirtieth
day of April next ensuingt out of the public roonej
MAY 1742— 15th GEORGE IL 178
then in hid hands^ according to the directions and re-
guhtionfl« in the said recited act mentioned; any thing
in the said act contained^ to the contrary thereof^ in a-
ny wise, notwithstanding.
CHAP. IX.
•ifit dctf for appointing^ a Treasurer.
I. '^MZ HERE AS, by one act of Assembly, made in
▼ ? the twclflliyear of his majesty's* reign, John K«<^»***-
RobiTison, the younger, esquire, was appointedlrcasu*
rer of the revenue, arising by two several acts of As-
sembly, for laying a duty upon liquors^ the one made
in the twelfth year of the reign of his late majesty
king George the first; and the other made in the fifth
and sixth yeai*s of the reign of bis present majesty; and
by one other act of Assembly, made in the iiftli and
sixth years Qf his present majesty's reign, /or laying t^
duty upon slaves, to hold the said oflSce of treasurer,
so long as he should continue speaker of the house of
Burgesses; and from the time of his being out of that
office, until the end of the next session of Assembly*.
And whereas, the said first mentioned act will expire,
at the end of this session of Assembly; and it being ex-
pedient that a treasurer should be appointed.
n. Be it therefore enacted, by the Lieutenant- Goroeni' a treasurer
pr, CoimcU ana Burgesses, of this present fifeiicroi app<Mnted.
MsenMy, and it is hereby enacted, by the authority of the
same, That from and after the passing of this act, John
Robinson, the younger, esquire, shall b(^,, and he is
hereby nominated, constituted, and appointed treasurer
of the revenue arising from the duty upon liquors, and .
slaves, laid and imposed by the three several acts before
mentioned; and also of the duty laid and imposed, by one
other act of Assembly, made in the thirteenth year of
his said majesty's reign, intituled, an act, for l(iying
an additional duty upon slaves, to be paid by tlie buyers;
for encouragirig persons to inlist in his majesty's ser-
vice; and for preventing desertion; to hold the isaid of- xemn of
fire so long as he shall continue speaker of the house his office,
of Burgesses; and from the time of his being out of
that office, until tlie end of the next session of Assem-
ilyi And the' said John Robinson is hereby author-
'.
174 LAWS OF VIRGINIA.
i2et!, impowered, and requiredt to demandt r<M:eive» and
takis uf and from the several colLertoi-s-of the said du-
ties, all and every the sum and sums of money, arising;
by ft*rcB and virtde of- the said arts, or any, o^ cither
of tfic^m; and shall a'fiply and utter the same, to and far
surh uses, and upon such warrrants, as by the said acts,
for laying the said duties, or by any otiier act or acts
of tlie General Assembly is, or shall be appointed or
directed; and shall be accountable for the said money
to tlio General Assembly.
ML dnd belt furtiter enacted^ by the authority a-
Misiakrj. j^j-^^aid^ That the salary of four ^pounds in the hun-
drpfU and so proportionably for a gi'eater or lesser sum,
shall bi". allowc^d and paid to the said treasurer hereby
app^iinted, out of all and every the sum and sums of mo-
ney by him received, and accounted for, to the Grencr-
al Assembly, as aforesaid: And that there shall be al-
so allowed to the said treasurer, for auditing and set-
tlitis: the accounts of inspectors of tobacco, during the
coMtirmani*e of the law?) in that behalf made, the sum
of fifty pounds per annum, for his trouble and service
ttkci-citi. Proroided always, That the said treasurer,
Security to before he enters upon his office, shall give such suffi-
W (fiien (^jt^^nt security as shall be approved by the governor, or
commander in chief, of this colony, in the sum of ten
thousand pounds, for the due answering and paying all
the money by him, from time to time, to be received as
aforrsaid. And to the end, a treasurer may not be
Wanting, in case of the death, resignation, or disability
-.of the treasurer hereby appointed.
IV. Beit fnrther enacted. That in either of these
iif»^dcftth*^kc ^^^^* '^ ^***^' ^^ lawful for the governor, or comman-
GoviTrnor ^ ^^^ '** chief, of this colony, with the advice of the coun-
umy appoint cil, far the time being, to appoint some other fit and
anotber. able person, to be treasui*er of the duties, to hold the
sail! office, with all powers, authorities, salaries, and
m prolits aforesaid, until the end of the next session of
AsfltMnblv.
Y
MAY 1742_15th GEORGE If, 175
CHAP. X-
Jin JcU for enabling the justices of the county. C0Hrt9
to make contractSf which may be bin^jfng upon tliem-
selveSf and their successors.
I. ''^WTHEREAS, the expence of biiUdin,^ bridges Preamble.
• ▼ T over little rivers and creeks, and making
causeways in the counties, if levied at several timt s on
the tithablesy would scarcely be felt; but is generally
too burthensome to be paid at once: And it being a
doubt, whether the justices have power to make an an-
nual charge thereof in their levy, several little ferries
have been appointed by them, at places where bridges
might be built, much more for the convenience of tra-
vellers.
II. Beit therefore enacted^ by the Lieutenant Gover- Justices of
fior. Council, and Burgesses of this present General Jis- ^^^ county
Sfmbly, and it is herdiy enacted^ by tlie authority ofthe^^^l^^l^^^
sami^ That the justices of every county court in thiscessarycoun-^
colony, be, and ai*e hereby authorized and impowerfd,^y charges,
to contract and agree for the building of bridges, ma- ex^J^ce *^
king causeways, and other necessary charges, in such thereof^ as
manner as to them shall seem most proper; and to le-theyshaU
vy the expence thereof, at such times, and in guch^'"*^^^****
proportions, as they shall think most for the ease and JJ^^^^
benefit of the people: And all and every contracts, a- be binding
greements, and orders, by them made, from time to and coaclu*
time, concerning the same, shall be good, binding, and ^^^^'
available, against themselves, and their successors, and
all other persons whatsoever.
CHAP. XL
Jhi Jictf to oblige the Inspectors to attend at thl Ware^
houses, ^tU the last day of August, in this present
year.
I. V17HEREAS, it will be necessary for the in- Preamble.
TV spectors of tobacco, to attend at the ware-
houses, this year, longer than the^ are now obliged by
law. Be it therefore enadedt by the Lieutenant- Crorvtm-
0r^ Coundl, ana Burgesses, of this present General Jis-
176
LAWS OF VIRGINIA,
Inspectors to semblif, and it is hereby enacted^ by the authority of the
attend *til ganUt That every inspector of tobacco, shall constant-
of Au^istTin ly, attend at some, or one of the warehouses under his
this present charge, until t|ie last day of August, in -this present
year. year, to receive and inspect tobacco, (except Sundays^
or when hindred by sickness:) And no tobacco shall
be received from that time, to the tenth day of Novem-
ber next following.
CHAP. XII.
Preamble.
13 rivers of
nett cattle
into this co-
lony, to pro-
duce mani-
fest and bills
of sa^e, and
• to make oath
before the
next justice
of the peace.
Justice to en-
ter the mani-
fest in a book.
^n Act 9 for preventing losses from drivers passing with
cattle through this colony^ and for laying a duty
upon horses imported.
I. ¥1/'HEREAS, divers vagrant people travel
*^ through this colony from the northern pro-
vinces to the southern, peddling, and selKng horses and
either buy, or steal, great numbers of nett cattle,
which, in their return ba( k they drive through the
frontier counties, and often take away with them the
cattle of the inhabitants of the said counties, under
pretence that they cannot separate them from their
own droves; to the great damage of the said inhabi-
tants: For preventi«»n whereof,
11. Be it enacted^ bij the Lieutenant GovernoTf Coun-
cilf and Burgesses^ of this present General Assembly^ and
it is hereby enacted^ by the authority of the same. That
' from and after the iirst day of December, now next
ensuing, every driver of all nett cattle, shall immedi-
ately alter their coming into this colony, go before the
next justice of the county, and produce to him a true
and pvrfiTt manifest, certified under the hand of a ma-
gistrate in the province from whence they last came,
wherein shall be distinguished, the sexes, ages, marks,
and (^Ifiurs, of all and every such cattle; and shall al-
so at the same time produce bills of sales for them, and
particularize the place of abode, and name of the seller;
and make oath that he knows of no more cattle in his
drove, than what are mentioned in the manifc^st
and bills of sale. 1/^'hich oath, the justice shall ad-
minister, and certify on the manifest, and shall enter
in a book, by him to be kept for that purpose, a copjr
of the said manifest and certificate. And if any nett
May 174«— 15th GEORGE It. n^
^cattle shall be bought in this rolnny, in order to be dri- to be kept
iren Into any nr ighbouring provinces, the driver shall ^^^ ^^^^ ^^'
produce his bill of sale to the next justice of the coun- cattie
ty where they shall be bought; and shall make oath, bought in
that the said bill is true, and that he kn<ms of no more ^**\*;^!^^'i
cattle in his drove, than what are mentioned in the ^ ^^l j^^^.
»aid bill and manifest in case tluM*c be any. Which fest.
the justice shall enter and certify, in manner aforesaid; »
and shall also add a description of the c^ittle so bought,
to the manifest, if any. And the like meth'id shall be Like method
osed by the drivers, and justices, in all the other coun- ^^^"^^^ ^^
ties in tliis colony tlirough which they pass, npim their ^^^y^^^
arrival tlierein. And if any driver shall fail therein,
he» she, or they, shall forfeit and loose his, her, or
their whole drove of cattle. And any jt;stice of the Penalty.
peace^ upon complaint thereof made to him, is hereby And how to
inipoweredto issuehis warranttothesherifT, or any con- ^^ recover-
stable of his county, forthwith to raise sufficient force
and to seise the cattle, and to cause the driver or dri-
Ters to come before him, or any other justice of the
county, who shall be impowcred to hear the matter,
and give a final judgment therein; and to order the
cattle, if he shall judge them forfeited, to be sold by
the sheriff^ in the same manner as goods taken in exe-
cution; and the sheriff shall be allowed the same fee
for the service; and shall be also allowed for keeping
and providing for the said cattle, antil they are^sold, af-
ter Uie rate of two pence per head, for every twenty^
four hours, out of the money arising from the sale.—
Bat in case any person or persons* other than the dri- Proviso.
Ter or drivers so convicted, or their employers* shall
appear before the justice before whom the judgment ^
was obtained, before the cattle are sold, and shall make
his, her, or their property in any of them appear, the
sheriflT shall, by order of such justice, restore the same
to such owner or owners, upon paiment of the charge
of their keeping: Or if any owner or owners shall,
within three months after the sale, make their proper-
ty appear, as aforesaid, the sheriff shall pay him, her, ot
Ukcm, by order of the justice, for their cattle, accor-
ding to the sale, after deducting a proportionable part
of tibe charges: And at the expiration of the said three Forfeiture
months, the money arising from the sale, shall be ap- appropria-
firopriated, one moiety to the churchwardens of the ^^4- .
YLvoI. 5.
178
LAWS OF VIRGINIA,
Proviso.
Preamble.
imported..
parish where the driver sh.all lie convictec!, for the use
of the pariah; and the other mniety to hira, her, or
tbenriy who did inrorin or prosecute, and shall be .paid
them, by the sheriffy accordingly: And the sheriff shall
return an account of the sales, to the clerk's oflSce, to
bo lodged amongst the records of the county*
III. Provided always^ That nothing herein contain-*
ed, shall be construed to extend to any of the inhabi-
tants of this colony, who shall buy any nett cattle, and
be driving them home; or to any |>ersons coming with
their families and stocks, to settle in this colony.
IV. And whereas, the importation of horses, is isf
no advantage to tl»is colony, the stock of them being
already sufficient for the inhabitants, and the importers
commonly vagrant people, wlio drain great sums of
money out of this government, and pay nothing to- «
wards the sup|)ort thereof,
Dtity of 101. V. Be it further enacted^ by the authority afore^dp
laidupon e- That from and after the first day of December, tliero
very ^^^^^* shall be levied, and paid to our sovereign lurd the king,
i. 'his heirs and successors* for all horses, mares, and colts,
imported or brought into this colony, for sale, either bjr
land or water, fmm any place or port whatsoever, itt
America, by the owner or impoi'ter thereof, after tlie
rate of ten pounds ff>r every such horse, mare, or colt;
to be appropriated to such uses, as the General Assem-
bly, shall from time to time, direct.
Collectort, VL Mi be it further enacted^ Tliat the govern-
be appSnt- ^^ ^*' Commander in chief of this colony, for the time
ed»andto ' being, with the advice of the council, shall and majr
apiioint such and so many collectors of the duty impo-
sed by this act, as he shall think fit; which collectors
shall reside near the frontiers of this colony; and shall
he allowed a salary of six In the hundred, for receiving
the said duty; and shall account for the same to the
treasurer of this colony, for the time being, in such
manner, and under such penalty, as the collectors or
the duty upon liquors are obliged to account.
VII. Jind be it further enactedf That the importer
roadTw?th* of every horse, mare, or Cf)lt, liable to pay duty, by
the collector virtue of this act, bringing any such horse, mare, or
within six colt, into any place or port within this colony, shall,
daysaflerira- witliin six days next after his arrival, and before he
before wle; ^^^V**^ ^''^ s^"™® ^^ sale, make a true and just entry,
M 4iity to be upon oath, with the next collector of the duty, of tke
whom ac-
countable.
MAY ir4a-rl5th 6E0R&E It 47S
4uze, aeXt colour, mark or brand* of every such honte, then paid, ci
mare or colt; and also of the name and place of abode •^^**'^*
of the owner, and last owner thereof^ and shall, at ikt '
same time, pay down the duty, or give bond to the
said collector, with one security at the least, who shall
be known and rcsp«msible inhabitant or inhabitants of
this colony, for the paiment of the said duty, within
three months: And tlie importer failing to make surh
entry, pay down the duty, or give security as afore^mid, .
or making a false entry, shall forfeit and pay one hun- P®"^»^»^
dred pounds: And every horse, mare or colt, by him
imported, shall, and may. be seized by any magistrate,
or oflicer whatsoever; and shall be forfeited and sold.
And if any collector o^ collectors of the duty imposed Penahyapon.
liy this act, or any other person or persons deputed and f^'lectoreta-
appointed, by or under them, or any of theoi, or any o- anldf^the ^er^
tber authority whatsoever; shall, directly, or indirect- son giving it.
]y,take or receive any bribe^ recomiienre, and reward,
in any kind whatsoever, or shall connive at any false
entry of any horses, mares, or colts, liable to a duty
or custom by virtue of this act, by means whereof the
duties or customs shall be defrauded, the person or per-
jpns therein offending, shall foifeit and pay the sum of
one hundred pounds, and be forever afterwards disa-
bled in his said office, and rendered Incapable of liol-^
ding any office or employment relating to the customs
within this colony and dominion; and the peraon or.
.persons giving or paying any such bribe, reward or re-
tcompence, shall forfeit and pay one hundred pounds*
viH. Provided alwaySf and he it furtJier enacted. '
Thattf the importer of any horses, mares, or colts, of u^n horses
^hicb the- duty according to this act shall be paid, or exported
secured tebe |iaid, shall within three months after the within three
importation thereof, into this colony, be willing toex-™^**^*
^ort the same, he shall make oath before the collector,
. vith whom at their importation they were entered,
•« That the horses, mares, or colts, to be exported, arc
*<tlie same that were entered; and that he hath not
^<sold or swapped them, since their entry; and the
-<< said horses, mares, or colts, «hall be exported out of
** this colony within three days, and shall not be sold
<< or swapped tlierein:" And then It shall be lawful
for the said collector, and he is hereby reijuired and
enjoined, to allow the said importer the whole du-
ty or custom paid for the said horses^ mares^ or
iSO J^AWS OF VIRGINIA,
OoUs, io to be exported; any thing in this net coniara-^
ed to the contrary « in any wise, notwithstanding. And
every person' making a false oath in this respectf shall
be liable to and suffer the penalties inflicted by law for
wilful and corrupt perjury: And moreover, such hor-
ses, mares, or colts, so to be exported, shall be forfeit-
ed, and sold.
Collector to IX. Jind be it further enacted , by the mUhority a*-
ffive receipt foresoidf That every collector, upon receipt of the du-
r* h^th"*^' ty by this act imposed, or taking Lond fiir the same, is
importer^ h<*reby enjoined and required, to give a receipt under
hall produce his hand, for the money by him received, or bond ta-
wiicn requir- ken, expressing the number of horses for which the
Be^iaiiy * ^^"^^ ^^^ l^Mf or bond taken, 4ind the time of paiment
• " qr taking thereof, with a description of such horses,
to tlie pei^son paying or giving tlie name. And every
importer, liable to the paiment of the duty by virtue of
this act, shall, if thereunto required by any officer or
magistrate in this colony, at aiiy time after the expira-
tion of three days from the time of such importation,
produce and shew to the said officer or magistrate such
receipt; and if surh importer shall f;<il to produce
such receipt, such failure shall be taken for a convic-
tion, that the duty for which t\o receipt shall be produ-
ced, hath not been duly answered: And such impor-
ter, and horses, shall be liabk^ ttfihe forfeitures and pen-
ali'es h> this act inflicted, for not making an entry.
Thi«act not X- Provided ahvaySf That nothing in this art con-
tr • s.ciul lo taincd. shall extend, or be construed to extend, to any
• travellers, or |,..^y(»||j.p^ who shall bring with him into this colony,
uiTt<"reSde ""'X ^"^^* liorses as are necessary for his journey; and
Inthecolony. shall not sell or swap the same in the colony; qr to a-
ny person or |iersoiis, who shall be actually moving
tfieir families ar.d effects into this colony, to i*cside
therein.
- . XI. Md be it further euactedf That the several fop-
ap.^ropria^* feitui-cs, which shall or may arise l\}' virtue of this act,
ted. in respect of the duty on hoi*ses, shall be divided into
two equal parts; one moiety thereof shall be to our so-
vei^eign lord the king, his heirs and successors, for
and towards the better support of this government^ and
the contingent charges thereof; and the other moiety
to him or them that will inform, and prosecute for the
same: To be recovered, with costs, by action of debt,
or information, in any court of record within this «e*
MAY ir4S— 15tli GEORGE II. igf
lony; wherein np essoin* protectiifn, or wager of law,
or more than on<^ imparlance^ shall be {illow^ed*
XII. ^nd be it Jurtlier enacted. That this act shall Continuance
eontinue and be in torce, from the time of the com-^**** •^**
menrement thereof, 'til the end of the next session of
Assembly; and no longer.
CHAP. XIII.
At Act, to prevent Lawifers exacting or receiving exor^-^
bitantfees.
I. TTI OR preventing lawyers taking unreasonable and
JF exhorbitant fees* and for the more equal settle- Laiv^era qqi^
mcnt of the same, Be it enacted, by the Lieutenant- Go- ^ ^^^™f^^
vemor, Counal, and Burgesses, of this present General ^[^ what**
Jtssemblif, and it is hereby enactm, by the authority of 9xe herein
the same; lliat from and after the passing of this act, mentioned
the lawyers in this colony, shall not exact, take, or re- JV^*'^?^'
ceive, directly or indirectly, any greater or other fees
or rewards, for the following services, than what are
herein particularly mentioned and expressed: That is
to say, lawyers practising in the General Court, may
demand and receive, fur an opinion, or advice, where
no suit is brought, one pound, one shilling and six
pence: In any suit at common law, other than the ac-
tions herein after mentioned, two pounds ten shillings;
In all Chancery suits, or real, mixt, or personal actions,
where the titles or bounds of land come in question,
five pounds. And lawyers practising in the county
coiirtB, may demand and receive, for an opinion, or ad-
vice, where no suit is brought, ten shillings; In any
iiQit at common law^ other than the actions herein af-
ter mentioned, or by petition, fifteen shillings: In all
Chancery suits, or real, mixt, or personal actions,
where the titles or bounds of land come in question,
one pound, ten shillings: On a petition for a small
debt, .seven shillings and six pence: To any lawyer
attending a survey in thecoutitry, for every day he shall
attend, twenty shillings. And every lawyer exacting,
takingf receiving, or demandiog, any greater fee, or o-
ther reward, for any of the above servicen^, shall for-
feit and pay fifty pounds, for every offence; one half
tboor sovereign lord the king, his heirs and successors,
•Aworn.
182 LAWS OF VIRGINIA-
for and towards the^etter support of this g^yernmeift#
and the rontin.<ent chari^Bttliereof; and ibe otlior half
to the infonner: To be vrecovercd by action of debt^
or information, in any couK of record* in this ctil>*ny*
And to be "* *^^ ^^ further enacted^ *y .the authority nfore-
saUf That no person or persons, after the fifteenth
day of October next, shall prnctise as an attorney in
the General court, or any inferior courts i^itliin this
colony, until he shall first, before such court where he
shall be admitted to practise, have taken the follnwin^
oath: « You siiall not, directly or indirectly ex-
*< act, demand, or receive, any greater or -largei*
<* fee or reward, or other gratuity whatsoever, for
<< the services by you to be di>ne,as an attorney of this
« court, than you are permitted to take, by a certain
'*act of \ssembly, intituled, an act* to prevent laW"
'« yers exacting or receivini^ exorbitant fees^ during the
'-''continuance of the said ait: So !i>lp you God.*' —
And if any attorney, after the said fifteenth day of Oc-
tober, shall prosecute or defend any aclion or suit what-
soever, in the General court, or any inferior courts
within this colony, before he siiuil have taken the said
oath, he shall forfeit and pay the sun of five hundred
pounds current money; one moiety to his majesty, his
heirs^an! success jrs, for and towards the better sup-
port of this government, and the contingent charges
tliercof; the other moiety to the informer: To be re-
covered. With costs, in any court of record, within this
colony, by action of debt, or information.
x^u.iu..u««.,. IIL ^iid be it further enacted. That this act shall
^'^e'^^'' continue, and be in force, one yea**, from the passing
thereof, and from thence to the end of the next session
of Assembly; and nojonger*
CHAP. XIV.
Jin Mtfor raising a Public Levy.
IPour ponnds I. n|n| E it enacted, by the LinUenant Governor. Crinn-
SbL? tobi JLJ cil, and Burgesses, of this present Geneml Jis^
piid by ly^semhly, and it is hereby enacted, by the uuflionty of Hit
ry tithable, $amt. That four pounds and a half of tobacco, be paid
7>ein(^the \^y ^very tithable person, within this d >niiriion, for tUc
pubbe levy, j^j^yj^g ^inA paiment of. the public char|^ of the coun-
Continutnce
I
MAY t74t^l3th GEORGE IT. jg^
try; beinsc the public Jevy, from tl><' two and twentieth from the 22d
dayofxVla;^ , one thousand seven hundictl and forty, to the ®^^*>'^J^
fcixth day of May, one thousand seven hundred and for- jj^„ ''1742
iy two: And that it be paid by the rollertors of the
iseveral counties, to the several persons and countieSf
respectively: to whom it is proporticmed by this Gener-
ral Assembly. And if it shall happen, that there shall .
be more tithables in any county, than tlie present le-
vy is laid on, tlien such county shall have credit for sa
much, to the use of the count}': And if fewer titha-
bles, in any county, then such county shall bear the
loss.
II. Provided always^ That where any allowance isproTisa,
made in the book of proportions, to any county to be
paid in the same county no more per poll shall he col-
lected from the tithables of such count>, than will dis-
charge the baliance, after siich allowance shall be de-
ducted: And that every county court shall I'egulatc the
levy accordingly.
III. Jnd be it further enacted^ by the authority afore- , .^
OTtrf, That the sherif of every county, shall, at the |f/J^b^^^^
time of giving bond for the due collection and pairacnt the coUec-
of tbc next county levy; also give bond and security tioD.
for the due collection and paimcnt of ^ the public Icvy^
now laid and assessed.
CHAP. XV.
Jn JlcU for the relief of those persons^ who were sufo
ferers in the loss ytlu records of the county of J^Tan-
semoudf whose eases have not already been provided
Jar.
I. Vl^flEREAS* it was enacted, by one clause of j^^^^ ^
*" the act, made in the twelfth year of his ma-ijeft uffcr-
persons^ who were tnhy loss
offerers hi the loss of Ihe rccords\f the county rjf ^ recordsia
Je8ty*s reign, /br the relief of certain persons f who were en by loss
sufferers in the loss of the records of the county of^rtcoTdam,
Nansemond; that to the end, other persons, who h^d ^*''**°*®"*^
not been able to produce witnesses, before the commis-
sioners appointed, by a commission issued under the
great seal of the col< ny; pursuant to the act of Assem*
bly, made in the eighth year of his majesty's reign, in-
Mtfiledj an act for the relief of such persons as hai^
484 LAWS eF VIRGINIA,
suffered or may suffer* iy the loss of the records of Nan-
semfiiid countyf lately consumed vyjire, in relation to
tlioir deeds, and other evidences, which may hare beea
lost among the records of the said county, one other
or more commissions should, and might be issued, and
continued by the governor and commander in chief, of
this colony, for the time being, for examining other wit^
nesses, and perpetuating the testimony thereof, in rela«
tion to alt deeds, wills, inventories, or other writings, re^
• corded in the said coutity court, where the original has ^
been lost, pursuant to the last mentioned act of Assem-
bly, to be executed and returned, as in the said act is
directed: And whereas, pursuant thei*eto9 a commis-
sion hath issued, under the great seal of the colony,
bearing date the twenty third day of December, in the
twelfth year of his said majesty^s reign, to William
"Wright, and seventeen others directed, who made a
return of the said commission; but it does not appear
that they have taken any depositions pursuant thereto.
And to the end, that thi»sc persons, who have not yet
been able to produce witnesses before the said commis-
sioners, in relation to their deeds, and otiier evtdencea,
which have been tost among the records of the said
county, may be relieved.
It. Be it therefore enacfedf by the Lieutetumt'Chvem^
or, CouncUf and Burgesses, of this present Qenerol
Assembly, and it is hereby enacted, by the authority of
the same. That one other or more commissions shall,
and may be issued, and continued, by the governor and
commander in chief of this colony, for the time being,
for examining ot)ier witnesses, and perpetuating tk%
testimony thereof* in relation to all deeds, wills, inven-
tories, or other writings, recorded in the said county
court, where the original hath been lost, pursuant to
the act of Assembly, made in the eighth y^^ar of his ma-
Jesty^s reign; to be executed and returned, as in the
said act is directed.
MAY ir42— 15th GEORGE II. i86
CHAP. XVI.
jtn Jictf for dividing the county of King and Queen;
and adding the upper part thereof to the county uf
daroline*
I. \7^ OR tlic greater ease and encouragement of the Ktngr *nd
X upper inhabitants of. the county of King and J^^^"^ ^^'
Queen» who live at a great distance from the court-
house of that county, and very convenient to the court-
house of the county of Caroiirie; and for the better re-
gulation of the said c<»unties': Be it en:ucted9 by the
LieutenufU'Governorf Councils and Bur jesses f of this
present Oenerql ^H*tembltfn and it is hereby enacted b^
the authority of the sumei, That from and after the
first day of December now next ensuing* the said coun-
ty of King and ^ueen be divided, by a line t<i be run
from tlie upper part of the land of William Wood, on
the edge of Essex county, to the upper part of Cap-
tain Richard Tunstal's land, on JViorocosick creek. — ^
And that aH that part of the said county of King and
Queen, below tlie said creek, be one distinct county,
and retain the name of King and Queen county. And ^ ^ . .
all that other part thereof, above the said line, be there- ^ Caroline.
after annexed, and made part of the county of Caro-
line, aforesaid.
II. Pr&6ided always^ That nothing herein contain-
ed, shall be construed to hinder the sheriff, or rollec-
tor of the ^aid county of King and Queen, as the same
how stands intire, and uhdividedf to make distress for a-
ny levies, fees, or other dues, which shall be due from
the inhabitant^ above the said line, after the said first
day of December, as by law he might have done, if
this act had never been made: Any law, custom, or
Usage, to the contrai*y thereof, in any wise, notwith-
standing.
iZ— Vol. 5.
.(86 LAWS OF VIRGINIA,
CHAP, XVII.
Jti AcU to tmpaiurer the justices of EHxaheth-ffitf^ ^otnt-
ty^ to erect Pounds; and f)r other purposes therein
mentioTied.
1. "^jcn^IlERE AS it hath been represented to thi§ As-
yy sembly, that the lands in the county of Eli-
zabeth City, consist chiefly in pasture, and the inhabit'
tants of that county are often deprived of the benefit
thereof, for their stocks, by ill designing people, who
pull down their fences, lay open their pabtureg,
and corn-fields, and turn in their horses and cattle, in
the night:
ftounds my H. Be it therefore enacted, by t?te Lieutenant-Oovem^
hn erected or9 Counct/, and Burgesses, of this present General ^5.
in Etizabtiih ^^juft/y^ and it is hereby enacted by the authority of the
^'*^' same, That the justices of the county of Elizabeth Ci-
ty, shall have full power and authority* to erect and
keep in repair, or cause to be erected and kept in re-
pair, one or more pound or pounds overt, at soniecon-
venient place or places, at or near the tow n of South*
aropton, for impounding all horses, cattle, sheep, gnats^
and hogs, tliat shall be taken up in any pastures or
corn-fields, lawfully fenced, or in any other lawful io-
closures within the said county of Elizabeth City:—
And to appoint kee|)ers of such pound or pounds, so to '
be ei*ectod, and to settle their fees, and the rates for im-
Sounding, keeping, and maintaining the beasts impoun^
ed, under such regulations as to them, from time to
time^ shall seem proper.
III. Jtnd be it further enacted, by the authority a-
foresaid. That after the pound or pounds aforenaid^
shall be erected, it shall and may be lawful for the in-
habitants of the said county of Elizabeth City, to take
up anil secure any horses, cattle, sheep, goats, or hogSf
which shall break rnto^ or be found within their pas-
tures, corn- fields lawfully fenced; or other lawful inclo»
sures, in the said county: And upon complaint n»ade
by the party injured, before any justice of the peaeo
for that county, the said justice is hereby required to
issue his order, to three honest freeholders of the
neighbourhood, no ways related to the party injured*
nor interested concerning the tr^pass, reciting the
complaint, and requiring them 10 view the fence
where the trespass is complained of, and toettquirei»-
MAT I74%^l5ih GEOK«E IL 4^
tD and vakie the damages, and the beast or beasts com-
mitting tlie same; and to make repoii; thereof to him:
And if it shall tliereby appear, that the fence or incio*
«iir9 was lawful, the justice shall direct such beast or
beasts to be impounded, 'til the owtier or owners
shall satisfy to the party injured, his damages sustain-
ed, and valued as aforesaid; and shall pay the pound
fees* And if the o w ner or ow ners of any beast or beasts,
so impounded, shall neglect or refuse to pay the dama-
ges, and pound fees, it shall and may be lawful to and
w the keei)er of the pound, and he is het*eby requi-
red, as soon as the damages, together with the pound
fees> shall amount to the appraised value, to make pub-
lic sale of such beast or beasts, to the highest bidder,
after giving at least three day« notice of the time and
place of the sale-, at every church and chapel in tlie
county, on a Sunday; and to apply the money arising
from the sale, for and in discharge of the pound fees,
and afterwards for and towanls satisfy ing the party in-
jured, his or her damas;;es; and the residue, if any, shall
be restored to the ow ner«
IV. Provided always^ That if the^wner or owners
ahall, at any time before the sale, give bond, with one
or more sufficient security or securities, to the keeper
of the pound, for the paimentof the damages, and pound
fees, within three months after the date thereof, his,
her, or their beast or beasts shall be restored.
V. Jind be it Jurther enuctedf by the authority o-
foresaid^ That this act shall continue and be in force,
(wo years, and no longer.
CHAP. XVIII.
An Jdf for layii^ a tax on the inhabitants of Jtugmta
county; and appropriating the money thereoy arinngf
io their use.
I. *V^STHERBAS,bytheactof Assembly, made in the
tV twelfth year of his present majesty's reign,/or preamble*
erecting two neiv counties and paris/us; and granting
certain encouragements to the inhabitants thereof, the
inhabitants of the new counties called Frederick and
Augusta, which still remain part of the county tif O-
tangef are exempted from the paiment of all ^blic levies
|88 LAWS OF VraGINIA,
for ten years, fVom the passing of the said act; and nti
allowance is to be made to any person, for killing wolves,
within the limits of the said two new counties. And
whereas the inhabitants of Augusta county, have made
humble suit to this Assembly, to have a tax of two sliil-
Ilngs a year, levied on every tithable person in that
county, to be received by certain trustees, and applied
in hiring persons to destroy wolves, and for other pub-
lic uses:
Certain tux- If. Be it therefore enacted^ by the. Lietitenant Govern^
cainid^iiitiie^;.^ CouiunL and Burgesse^f of this present General jIs-
A^u^g^istT for*^"**^y* ^**^ ^' ^* hereby fiicic*./, by the authority of the
fpccificd ob- same^ That the county court of (irange, shall yearly
jccuf. divide the said county of Augusta, into precincts; and
appoint proper persons to take the lists of ttthables
therein: And the masters and mistresses of families,
or» in case of their absence or non-residence, his or
her overseer, shall give in lists of their tithablcs, in
such manner, and according to such rules, and under
such penalties and forfeitures, as are mentioned, ap-
pointed, and inflicted, by the laws now in force, con-
Oerning tithablcs. And that two shillings yearly, du-
ring the residue of the said ten years, be paid by every
tithable person within the said county of Augusta, to
James' Patton, John Christian, and John Buchantian,
or such pei*sons as shall be by them appointed to re-
ceive the sames; and for whom they shall be answera-
ble. And that in case any person or i>ersons, from
whom the said tax shall be due and owing, shall neglect
or refuse to pay tlir same, it sh'^ll and may be lawful,
to and for the said James Patton, John Christian, and
John Buchannan, or the persons by them appointed*
after the tenth day of April, in every year, to levy the
said tax, by distress and sale, of the delinquent's goods,
in the same manner as for non-paiment of the public
^nd county levies, in this colony.
III. 4"rf be it further enactedf by the authority a-
foresaid. That the said James Patton, John Christiaiiy
and John Buchannan, shall lay out and apply the mo-
ney receive^l as aforesaid, in hiring persons to kill and
destroy the wolves, and relieving the poor, in that coun-
ty, and towards building bridges, and clearing roads,
for the common use ami benefit of the inhabitants there-
of, in such mannet , and proportions, as shall be direct-
pd and appointed by the court martial, to bo held for
MAY 174a— 15th GEORGE II, 199
die said county, in the month of September, in every
year, at 8urh place a9 shall be appointed by the chief
icommanding officer present at the general muster;
and shall then account to the said court, for all monies
by them received and paid, as aforesaid, >vithout any
fee or reward, for any of the before mentioned s<'rvices:
And that in case <»f the death, or refusal t(» act, of any or
either ufthe said James Patton, John Christian^or John
Buchannan, or their successors, the said court martial
shall appoint such other person or persons as they shall
think fit, in the room of him or them so dying or re-
fusing to act, to collect the said tax; Which person
or persons so appointed, shall, in all respects, have the
same powers and authorities, as are granted by this
act to the said James Patton, John Christian, and
John Buchannan.
IV* FramdedalwaySf That if the governor, with the
advice and consent of the council, for the time being,
shall, before the expiration of the said ten years, think
fit to erect a court, for the said county of Augusta;
that then, and as soon as the said court shall be erected,
this act shall cease, and be determined.
CHAP. XIX.
Jtn Jietffir appointing several new ferries; and alter-
ing the name of a former ferry; and other purposes
therein mentioned*
I. Tl E it enacted, ly the Lieutenant-Governor, Conn- New femes
IJ cUf and Burgesses, of this present General ^ssem appointed
bly, and it is hereby enacted fri/ the ant/writy of the same^ and their
That public ferries be constantly kept, at the places '**^*»®**'^
herein after named: And that the rates for passing
the said ferries, be as follows: To wit, on Potoraack
river, from the )and of Ebenezer Floyd, in the county
of Fairfax, across the river, to Powers landing, in Ma-
ryland; the price for a man, six pence, and for a horse
six pence. On Kappahanock river, from the land of
"William Thornton, gentleman, in the county of King
George, across the river, to the wharf at the public
lot, in the town of Fredericksburg, in the county of
Spotsylvania; the price for a man, three pence, and
for a horse, three pence. On Pamunkey, fro^ the
10(1
LAWS OF VIRGINIA,
For carria^
Hicemes.
lanil of Richard Littlepage, acroAs the river, to thelMiA
of I'homaH Claiborne, now in the tenure of the rever-
end Daniel Taylor; the pric«« for a many six pence, for
E florae, six pence. On Jamt^s river, from Mulberry-
Islaiiii p«>int, in the county of Warwick, across the ri*
Tcr, to Cockett*s in the county of Isle of Wiglit; an4
from C(K*kett's to Mulbery-lsland Point, aforesaid;
tite price for a man, one shilling and three pence, for a
hurge, one shillinii; and three p«*nce« Fnim a gut on
tljt< land of Richard Moseby, on the south side of tim
riu'r, in Goochland county, across the river, on the
laiui of Mr. Tarlton Fieminine:, opposite to the 8ai4
Mi»i^eby*s landing; the price foi* a man, three |)enoe»
and f<ir a horse, three pence. From the land of Tuck-
er Woodson, in the county of Goochland, across the
river, t<» the land of Paul Micheaux, nt^ar the court-
hiKi»}e,the price for a man, three in^nce, and for a horse^
tiHcc pence. Fr.im the land of Bentiit G.MNle, across
tlie river, to the land of Colonel John Fleinming, iji
Ooorhland county; the price for a roan, three penciv
and ffir a horse, three pence^ And, on Fluvanna river^
fi urn the land of Jame« Fenly, across the river, to the
Jarnt of William Cabell; the price for a man^ three
pfti e, and for a horse, three pence.
IK And the courts of the several counties wherein
Bmh ferries shall be kept, shall have power to appoint
pniper boats to be kept at the said ferries, for the con-
veiiirnt transp irtation of coaches, waggons and other
wheel carriages: That when any such boats shall be
so provided and k«*pt, it shall and may be lawful for the
kee[irrs of such ferries, t<i demand and take, for the
fernujje of such wheel carriages, the following ratesy
t<» wit, for every coach, chariot, or waggon, and tlie
driver thereof, the same as for the carriage of six hor-
ses: And for every cart, or four wheel chaise, and
the driver of such chaise, the same as for the ferriage
of four horses: And for every two wheel chaise, or
chair, the same as for the ferriage of two horses, ac-
cording to the rates herein before settled, at such fer-
ries respectively, and no more. And that the licen-
se!% for keeping the said ferries, shall be obtained in
the same manner, and the kee|)ers thereof have such
exemptions and advantages, and be under the like re-
gulations and restrictions, as is and are by law provi*
MAY 1T42— 15th GEORGE tl. tei
M^ Ibr and in respect of tlie keepers of public Ibrriesj
lieretofore settled and ap|ioiiited.
ill. Jnd be %t further enacted, by the authority nfart'r
saidf That fi-om and after the passing of this art, the
name of the public ferry ovrer Chickahomony river^
firofOFGiiodalPs to Wiiliams's or Drummond's neck, be
lUtered: And that the said ferry be appointed from
Goodatrn to Hamner^s point, or Williams's, at the
rales already settled by law. And where any ferry County
BOW is, or shall hereafter b*^ appointed, by act of the ®°*^J^^.
Creneral Assembly, on one side of the river only; it*|2fcitiw."
shaM and may be lawful, for the court of the county
cm the otber side, to appoint an opposite ferry; and to
^rder and allow the prices directed by such act.
CHAP. XX.
«Ai Jietf f(yr esidblishing the Town of Richnumd, in the
county of Henrico; and allowing fairs to be kept
themn.
f. "IJ1 ORASMUCH as it hath been represented to this ^^^^^^^
JD Assembly, that the honourable William Byrd,
Esquire, hath lately laid out a parcel of his lands, at
the falls of James river, in the county of Henrico^
fh lots, and streets, for a town, by the name of iiich-
Dond, and made sale of most of the said lots, to divers
persons, who huTe since settled and built thereon, and
that the said William Byrd intends speedily to lay out
dtber part of his adjacent lands, into lots, and streets,
to be added to and made part of the said town; and
is willing that part of his lands, situate between the
said town, and Shoccoe's creek, and the river, shall re-
main and be, as and for a common, for the use of the
inhabitants of the said town, for ever. And also, that
the said town lies very convenient for trade and naviga-
ttoR, being at the uppermost landing upon the river,
where the public warehouses are built: But, berause
the same was not laid out and erected into a town, by
act of Assembly, the freeholders and Inhabitants there*
of will not be entitled to the like privileges enjoied by
tiie fi:eeh(rfder8 and inhabitants of other towns in this
^ony:
193
LAWS OF VIRGINIA.
Richmond
eetablistied.
Commons.
Fairs.
IL Be it ena^ctedf by the Lieutenant Ghroemor, Caiin^
ciU and Burgesses^ of this present Qeneral Msemblyf
and it is hereby enacted, by the authority of the samef
That the said piece or parcel of land, lately be-
longing, or now belonging, to the said Wiiliam Byrd^
esqiiii*e; lying and being at jthe falls of James river^
on the north side of the said river, in the county of
Henrico aforesaid, be and is hereby constituted, ap-
pointed, ci*ected, and established, a town, in the man-
ner it is already laid out, or shall be laid out, by the
said William Byrd, in lots, and streets, to be called by
and retain the name of Richmond: And that the free-'
holders of the said town, shall, forever hereafter, eiyoy
the same rights and privileges, which the freeholders of
otiier towns erected by act of Assembly, in this colony,
have and enjoy. And that the said William Byrd, and
his heirs, stand seized in fee-simple, of the lands lying
and being between the present southern bounds of the
said town, and the river, bounded to the e^tward by a
line, to be run a strait course, from Che present extreme
bounds of the said town to strike the river; and on the
westward, by a line, to be run from the end of the
present westward street, beyond the lot numbered [I ] a
straight course,^to strike Shoccoe's creeks thence dowii
the said creek to the River, and then by the river; to
remain and be, as and for a common, for the use and
benefit of the inhabitants of the said town, for ever.
HI. And whereas allowing fairs to be kept in the
said town of Richmond, will be very commodious to the
inhabitants of that pai-t of this colony. Be it further en-
acted, by the authority aforesiadf For the future,
two fairs shall and may be annually kept and held, in
the said town of Richmond, on the second Thursday in
May, and the second Thursday in November, in every
year; each to continue for the space of two days, for
the sale and vending of ail manner of cattle, victuals,
provisions. Goods, wares and merchandises whatsoe-'
ver: On which fair days, and on two days next beforey
and two days next after each of the said fairs, all per-
sons coming to, being at, or going from the same, to-
gether with their cattle, goods, wares, and merchandi-
zes, shall be exempt and privileged from all arrests,
attachments, and executions, whatsoever^ except for
capital offences, breaches of the peace, or for any con-
troversies, suits, and quarrels, that may arise and hep-'
MAY 1742— 15th GEORGE IL |08
i^f 119 daring the said time; in which cases process may
be immediately issued* and proceedings thereupon had»
in the same manner as if this act had never been made:
Any thing herein before contained, or any law, customy
or usage, to the contrary thereof, in any wise, notwith-
standing.
IV. Provided always^ That nothing herein contain-
ed, shall be construed, deemed, or taken, to derogate
fiH)ni« alter;or infringe the roial power and prerogative,
of his ihajesty, hi^^lieirs, or successors^ of granting to
any pci*sonor |)ers(His. body corporate or politick, the
privilege of holding fairs or markets, in such manner,
ias he or they, by his or their roial letters patent, or by
his or their instructions to the governor, or commander
in chief, of this dominiim, for the time being, shall
think fit.
V* Jnd be it further enacted^ by the authority o-
Joresaidf That this act, as to so mucli thereof as relates
to holding fairs in the said town of Richmond, shall
continue and be in force four years, from the passing
thereof, and from thence to the end of the next session
of assembly; and no longer.
CHAP. XXI.
;f n jJcf, for erecting a town at Bray^s church, in the
county of King George.
1, "W^ORASMUCH as it hath been represented unto Preamble.
Jl this General Assembly, that great numbers of
people, have, of late, settled themselves at, and near a
place, called Bray's cliutrh, on the north side of Rap-
pahanock river, in the county of King George, where
the chdrch and public warehouses are built; which
place is healthful, commodious, and convenient, for
traders to cohabit in, and to bring their goods to: And
that in case a town was laid out there, ti*ade and navi-
gation would be greatly encouraged and increased:
IL Be it enacted, by the Lieutenant -Governor, Coun- Leeds ettab-
cil, and Burgesses, of this present General Assembly, bahed.
and it is hereby enacted, by the authority of the sanie.
That within six months after the passing of this act,
sixty five acres of land, lying and being at the place a-
foresaid, shall be surveied, and laid out, by the survei-
A A— Vol. 5-
If4 LAWS 0,F VIRGINIA.
or of the said county of Ring (veorge, to inclu<k tbe
chui*ch and warehouses aforesaid; and shall be vested
in Thomas Lee» EsquirCi Charles Carter, Thomas
Turner, Daniel M'Carty, Han*y Turner, Maximilian
Robinson, and JNicholas Smith, gentlemen, and their
successors, in trust, for the several purposes herein af-
ter mentioned. And the said Thomas Lee, Esquire,.
Charles Carter, Thomas Turner, Daniel M'Carty,
Harry Turner. Maximilian Robipson, and Nicholas
Smith, gentlemen are hereby constftuted directors and
trustees, for designing, building, carrying on, and
mantaining a town, on the said land; and they, or any
four of them, shall have power to meQt, as often as
they shall think necessary; and shall lay out the said
sixty five acrt* s of land, in lots, and streets, not exceed-
ing half an acre in each lot; and also to set ai>art such
land for the church and church-yard, at the place where
it is now built, and for a market place, and public quay,
and to appoint such places upon the river, for public
landings, as they shall think most convenient^ and, if
the same shall be necessary, shall direct the making
of wharfs and cranes, at such public landings,, for the
public use. And when the said town shall be so laid
out, the said directors and trustees shall have full pow-
er and authority to sell the said lots, by public sale or
auction, from time to time, to the highest bidder; so
as no person shall have more than two lots: And
when such lots shall be sold, any two of the trustees
shall and may. upon paiment of the purchase money, by
some sufficient conveiance or conveiances, convey
the fee simple estate of such lot or lots, to the purcha-
ser or purchasers; and be or they, or his or their heirs
or assigns, respectively, shall and may thereafter peace-
ably and quietly have, hold, possess and enjoy thesame^
freed and discharged of and from all the right, title,
estate, claim, interest, and demand, whatsoever* wbteh
any person or persons now hath, or shall have, within
six months after the making of this act, and his, ber,
or their heirs and assigns, respectively, and of all o-
ther persons whatsoever, claiming under him, her, or
them.
III. And he it fnrtfier enacted^ Inf the authoritaf «-
foresaidf That the grantee or grantees of such lot or
lots, so to be coveied and sold, in the said town,
shall, within two years after tlie date of the conveiance
PFw— ^r
MAT ir4«— 15th GEORGE 11. i«S
fer thesamey erccty builds and finishy on each lotso ccm*
veicdy one house, of brick, stone, or wood, well fram-
ed, of the dimensions of twenty foot square, and nine
foot pitched at the least; or proportionable thereto, if
such grantee shall have two lots contignous; every
chimney in the said town to be built of brick or stone.
And the said directors shall have pA\ |K>wer and au-
thority to establish such rules and orders for the
iBoi*e regular placing the said houses, as to them shall
seem RU from time to time. And if the owner of any
lot, shall fail to pursue and comply with the directions
herein prescribed, for the building and finishing one or
more house or houses thereon, then such lot upon which
such house shall not be so built, and finished^ shall be
re-vested in the said trustees; and shall and may h%
fitild and ctmveied to any other person or persons what-
soever, in the manner before directed; and ^hall re-
Test and be again sold, as often as the owner or owners
•hall fail to [lerform, ob<'y, and fulfil the directions a-
foresaid. And if the inhabitants of the said town, shall
fail to obey and pursue the rules and orders of the said
directors, in repairing and amending the streets, lan-
dings, and public wharfs, tiiey shall be liable to the
same p€;nalties as are inflicted for not repairing the
highways iq thi^i colony*
ly. And, for continuing the succession of the said
trustees and directors, until the same shall be incorpo-
rated. Be it further enacted. That in case of the death
of any of the ^aid directors, or of their refusal to act,
the surviving, or otb^ directors, or the major part df
them, shall assemble, and arehei-eby impowered, from
time to time, by ^nstrufnent in writing, under their
respective hands and seals, to nominate some other
person or persons, being an inhabitant or freeholder of
the said town, in the place of him so dying or refusing;
^hich new director or directors, so nominated and ap-
pointed, sliall from thenceforth, have the like power
and authority, in all things relating to the matters here-
in contained, as if he or they had been expressly nam-
ed and appolnteil in and by this act. And every such
instrument, and nomination, shall, from time to time,
be entered and registred in the books of the said di-
rectors.
V. And whereas the said sixty five acres of land, do '
belong to Ellas Yate«, Daniel White, Jonathan Syden-
4ft6 LAWS OF VIRGINIA.
hanii Clapham Richardson, Mary Fislipool, and Ann«
JEdmonds, ht it enactedf by the authority aforesaidf
That the said trustees and directors shall pay, or
cause to be paid, unti» the said Elias Yates, Daniel
l/Vliite, Jonathan Sydenham, Clapham Uichardson,
Mary Fishpool, and Anne Edmonds, out of tlic money
raised by the sale of the said lots, as soon as the same
shall be by them received, after the rate of five |H>unds,
fur every «crc of the said sixty five aci*es of land, ac-
C4>rding to the right of the said proprietors, respec-
ti V4 ly • And the said trustees and dii'ectoi'S shall more-
over, lay out and assi.s^n unto the said Elias Yates two
lots; unto tlie said Jonathan Sydenham two lots, to in-
clude his dwelling house and improvementii; unto the
fiuid Clapham Richardson six lots, to include thcdweK
ling house and Improvements, which W illiam Anna-
dale now holds by lease under the said Clapham;
unto the said Mary Fishpo«>l, ffiurlots, to include lier
dwelling house and impinivements; and unto the said
Anne Edmonds, one lot. to include the public ware-
houses. And they shall res|>ecti\eiy, remain seised of
such lots, iif the same estate whereof they are now seis-
ed. Fnroided always^ That nothing herein contained,
shall be construed, deemed, or taken, to entitle the
proprietors to receive any mortey for the lots of land
. reserved to them by this act.
VI. Arid he it further enacted^ hy tlie authority a-
foresaid^ That after the said lots shajl be so laid out
and disposed of, as afore-said, the said dii^ctors, or any
four of them, shall have full power and authority, to
apply all the overplus money, \vhich shall be raised by
tht* sale of the said lots, for such public use, (or the
Cfunmon benefit of the inhabitants of the said towhy'afl
to them sliaU seem best.
Vlf. Provided^ That if the said tnistees and direc-
tors shall not, within twrlve months aftrr the said sixty-
five acres of land shall be surveied and laid out, in the
place before mentioned, fully satisfy and pay, or in
case of refusal, tender to the proprietor or proprietors
of the said sixty five acres of land, the money directed to
be paid to him, her, or them, respectively, the said land
shall be n^vested in the said pi'oprietor or proprietors,
respertivflv; and he, she, or they, shall remain and
continue seised thereof, a.-> if this act had ncyer bees
inade.
MAY 1742— I5th GEORGE 11. 19^
\in. ^nd be it further enacted^ by the authority '^^^^ oftkc
aforesaid9 That the said t<iwii Hhall be called by the^®^"*
name of L^eds. And this act shall be adjudged, held,
and taken to be a public act.
CHAP. XXII.
An Jictf to vest certain lands thereiji mentionedf in the
Feoffees and Trustees of the Town of Fredericks-
burg^ and those persons who have purchased under
them.
I. "tnrrHEREAStby anartorthe General Assembly; Preamble.
▼ T made in the first yei:p of his present niajf sty's
reign, intituled, an act for erecting a town in each of
the counties of Spotsylvania and King George, fifty a-
cres »riand,' parcel of a tract belonging to John lioy-
«ton, and Robert Buckner, of the county of Glocester,
lying on the south side of the river Rappahanock, in
the county of Spotsylvania, were directed to be survei-
ed and laid out, taking in the whole breadth of the said
tract of land, upon the river, by the surveior of the
said county, for a town, to be railed by the name of
Fredericksburg; and were vested in certain trustees
therein named, to be laid out inlpts and streets, and
sold; and for other pur])oses therein mentioned: And
the said trustees were to pay the said John Roystoni^
and Robert Buckner, out of the money arising from
the sale, after the rate of forty shillings for every a-
cre of the said fifty acres of land: And all the over-
Elus money, which should be raised by the sale, waste
e applied to public uses, for the benefit of the inhab-
itants of the said town.
II. And whereas, after the passing of the said act,
George Home, then surveior of the said county of
Spotsylvania, did survey and lay out fifty acres of land,
for the said town of Fredericksburg, and divided the
same into lots and streets, and return a plan thereof
to the trustees, who made sale of the said lots, accor-
ding to the said plan: But the original bounds not be-
ing kept up, and purchasers building vei7 irregularly,
the said trustees did, on tiie eighteenth ^ay of March,
one thousand seven hundred and thirty nine, cause ths
198 LAWS OF VIRGINIA,
bounds of the said town to be re-surveied bj William
Waller, the present surveior of the said county; by
which survey, it appears that the bounds of the said
town, as the same were laid out by the said Home,
contain fifty acres and one third of an acre of land, and
• include two hundred and forty three square poles of
land, lately belonging to Henry Willis, of the said coun-
ty of Spotsylvania, gentleman, deceased, at the lower
end of the town, and two hundred and twenty square
pfdes, of the land of John Lewis, gentleman, formerly
belonging to Mr. Francis Thornton, of King George
county, at the upper end of Ihe town, which have been
laid out into lots and streets, and sold by the said trus-
tees, by a mistake, the bounds of the lands of the
said Henry Willis, and Francis Thornton, not being
truly known, when the bounds of the town were first
laid out, their lands were included, as aforesaid, instead
of so much of the lands of the said Roystoli and Buck-
ner, at the back part of the town; which mistake was
not discovered till the re-survey.
IIL And whereas the said Henry Willis, in his life-
time, did purchase of the said Robert Buckner, his part
of the tract aforesaid, parcel whereof adjoining to the
town, hath been lately laid out into lots and streets, and
sold at a very ccmsiderable value. And whereas, it
will be a manifest prejudice to the purchasers of the
said lots claimed by the said John Lewis, and the ex-
ecutors of the said Henry Willis, (to whom his lands
are devised for paiment.of his debts,^ to have their
lots taken from them after they have ouilt and made
improvements thereon; and many law suits are likely
to arise between the said John Lewis, the said execu-
tors, the purchasers, and the trustees of the said town,
concerning the same; which must be attended with
great expence: To prevent which, the said trustees
are willing to pay the said John Lewis, and the execu-
tors of the said Henry Willis, a i*easonable considera-
tion for the lands included, by mistake, as aforesaid.— i-
Therefore, for removing all doubts and controversies,
Boundtties IV. Be it enacted, hy the Lieutenani^Goroemorf Caim-
^k2iu**^'c8. ^* ^^ Burgesses of this present General Jlssemblyf
HMa^Sl^ oful it ts hereby enacted by the authority of the same,
That the bounds of the said town of Fredericksburg, as
the same w#rclaid out by William Waller, surveior of
the said counQr^ the eighteenth day of March, one
MAY 174«— 15th GEORGE II. £g«
tlioaganfl Aeven hundred and thirty nine, be established
and held firm and stable, for ever: And that all the
lands lately belonging to Henry Willis, gentleman, de-
ceased, and the lands which the said John Lewis pur-
chased of Francis Thoriiton, included within the said
bounds, as aforesaid, shall for ever hereafter, be con-' *
strued, deemed, and taken, to be partitnd parcel of th^
said town of Fredericksburg: and shall be vested in
the feuifees and trustees of the said town, and those
persons who have purchased under them, in fee simple
accordingly, in as full and ample manner, to all intents
and purp^ises, as if the same had been vested in th«
said trustees, by the before mentioned act.
y. travided alwaytf That the said trustees do, and
shall, before the twenty -fifth day of December next,
pay, or cause to be paid, to the executors of the said
Henry Willis, deceased, five pounds; and to the said
John Lewis, his Executors or administrators, the sum
of fifteen pounds; which is hereby declared to be in
full satisfaction for all right or title which they the
said Henry Willis, deceased, in hitf life-time had, or
which his executors the said John Lewis, or Francis
Thornton, every, or any of them, may have, or pi-e-
tend to claim, in or to the said premises, or any part
thereof.
CHAP. XXIU.
Jin ^d, for erecting a tonum at Constances warehome,
in the comUy of J>ran8emond.
I. TT^ ORASMUCH, as it hath been represented unto p^tBiblc.
Wr this General Assembly, that great numbers of
people have lately settled themselves at and near a
place called Constance's warehouse, on the east side
of Nansemond river, in the county of Nansemond,
wliere the public warehouses are built; which place Is
healthful, commodious, and convenient, for traders to
cohabit in, and bring their goods to: And that in
case a town was laid out there, trade and Navigation
would be greatly encouraged and increased:
IL Be it enacted* by the Lieutenant'Oovernorf Coun- guff^^y^ ^^^^
cil and Burgesses^ of this present General Assembly f and bllthed.
ii is hereby enacted, by the authority of the same. That
20^ LAWS OF VIRGINIA,
within eight months after the passing of this act, fiftjr
acres of land, parcel of a tract of land, belonging to
Jethro Sumner, of the said county, gentleman, lying
and being at the place aforesaid, be laid out, from the
river, between two creeks or guts, one below the ware-
house, and the other above, by the surveior of the said
county of Nansemond, to include the Warehouses afore*
said; and shall be vested in Lemuel Reddick^ William Ba-
ker, William Wright, Edward Wright, John Gregory,
Mills Reddick, and Edward Norfleet, gentlemen, and
their successors, in trust, for the several purposes here-
in after mentioned* And the said Lemuel Reddick,
William Baker, William Wright, Edward Wright;
John Gregory, Mills Reddick, and Edward Norfleet^
gentlemen, are hereby constituted directors and trus-
tees, for designing, building, carrying on, and main-
taining a town on the said land: And they, or any four
of them, shall have power to meet, as often as they
shall think necessary; and shall lay out the said fifty
acres of land into lots and streets, not exceeiling half
an acre in each lot; and also to set apart such Jaiid for
a market place and public quay, and to appoint su(*h
places upon the river, for publir landings^ as they shall
think most conv«*nient: And if the same shall be ne-
cessary, shall direct the making of wlinrfs and cranes
at such public lauding, for the public use. xind when
the said town shall be so laid out, the said directors
and trustees shall have full power and authfirity to sel(
the said lots, by public sale, or auction, from time to
tinie.to the highest biilder: And when such lots shall
be sold, any two of the trustees shall and may, up^in
paiment of the purchase money, by some sufficient
conveiance or convt-iances, convey the fee simple e^
tate of 8U(h lot or lots to the purcliasor or purrhasei*s;
and he or they, or his or their heirs or assigns, respec-
tively, shall and may there»ft' r peac eably and qui-
etly have, hold, possess and enjoy the same, freed and
discharged of and from all the right, title, estate, claim,
interest^ and demand whatsoe\er, of the said Jethro
Sumner, his heirs and assi^rns. and of all other persons
whatsoever, claiming under him or tt»em.
Hi. Aiid be it furtlier enacted^ by Vie autlwrity o-
foresaid^ That the grantee or grantees of such lot 4ir
lots, so to be conveied and soM, in the said town, shall,
ivithin two years after the date of the conveiance £or
May 1748— 15th GEORGE II. 201
tMsMie^ erecty builds and finish, on each lot so ronvei-
bif one house, of brirk, stone or of wood, well framed,
of the dfanenstotfs of twenty feet long, sixteen feet w ide,
and eight feet pitch, at the least; or proportionable
thereto, if such grantee shall have two lots contiguous*
And the said directors shall hare full power and au*
thority to establish such rules and orders, for the more
regular placing the said houses, as to them shall seem
f r, from time to time. And if the owncir of any lot,
shall fail to pursue aiid comply with the directions
herein prescribed, for ihe building and finishing one or
more house or houses thereon, then such lot upon
which such house shall not be so built, and finished,
shall be re-rested in the said trustees; and shall and
may be sold and conveied to any person or persons
whatsoever, in the manner before directed; and shall
re-vest and be again sold, as often as the owner or
owners shall fail to perform^ obey, and fulfil the direc-
tions aforesaid. And if the inhabitants of the said
town, shall fail to obey and pursue the rules and or-
ders of the said directors, in repairing and amending
0ie streets, landings, and public wharfs, they shall be
liable to the same penalties as are inflicted for not re-
pairing the highways, in this colony.
IV. And, f<>r continuing the succession of the said
trustees and directors, until the said town shall be in-
corporated. Be it further enacted. That in case of the
death of any of the said dii*eetors, or their refusal to
act, the surviving, or other directors, or the major
part of them, shfdl assemble, and are hereby impower^
ed, from time to time> by instrument in writing, under
their respective hands and seals, to nominate some o-
ther person or persons, being an inhabitant or freehol-
der cf the said town, in the place of him so dying or re-
fusing; which new director or directors, so nominated
aad appointed, shall from thenceforth have the like
pewer an4 aotborit}', in all things relating to the mat-
ters herein contained, as if he or they had been ex-
pressly named and appointed in and by this act. And
•very such instrument^ and nomination, shall, from
time to time, be entered and registred in the books of
ihe SMd directors.
V. Jtnd be U further enacted, by the auth^ritu a-
Jmteoidi That the said trustees and directors afaall sa«
B :Bh— voL 5:
tlhetown
202 LAWS OF VIRGINIA
tisfy and pay unto the said Jethro Sumnert out of tii»
money arising by the sale of the said lotSf three poundi
for every acre of the said fifty acres of land tested im
them» except the lots hereafter mentioned^ to bo laid
off for the use of the said Sunmen and moreover^
shall assign unto him four lots^ to include the public
warehouses^ and so many other lots as will include bis
bouses now built on the said fifty acres of land; where*
of he shall remain seised of the same estate, as he
^^U^ now hath therein. And the said town shall be called
by the name of Suffolk.
VI. Provided mrvertheleis. That if the said direc-
tors shall not^ within twelve months after the said fikj
acres of land shall be surveied and laid out at the (dace
aforesaid, fuUy satisfy, and pay, or in case of refusal to
receive the same, tender to the proprietor of the said
fifty acres of land, tlie money by this act directed to bo
paid to him, the lands and premises before-pientioned»
shall be re-vested in the said proprietor; and he shall
remain and continue seised thereof, as if this act had
never been made.
VII. dnd he it further eiuidedf by theau^uniiy afore*
Boid, That after the said lots shall be laid out, and
disposed, as aforesaid, the said directors or any four
of them, shall have full power and authority, to Kpplj
the overplus money, which shall be raised by the said
lots, to such public use,* for the common benefit of the
inhabitants of the said town, asto them shall seem best.
And this act shall be adjudged, held, and taken, to bo
a General Act.
CHAP. XXIV.
iin Actt for continuing the Act intituled^ an Jktf fur
allowing Fairs to be kept in the town of Frederiasa^
burg.
Act allow. I, w^ HERE AS the act of Assembly, made in the
blfkeprin^'' T ▼ twelfth year of his present majcsty^s reign,
the town of intituled, an ad, for allowing fairs to lie kept in the
Fredericks- Urwn of Frederic ksburg; which hath been altereil by
^»«^«"^"- one other act, made in the thirteenth year of his said
majesty's reign, intituled, an act far aj^nting scccr-^
MAY ir4«— l»th GEOUGE II. 208
«£ new ferriei; and for altering the days for holdinff
fain m the town of BredevickBharg; will expire at the
end of this preseht' session of Assembly: And the
•ame hath been foitndt in a great measure to answer
tbe ends proposedby thesaid act^ in increasing the trade
of the said town:
II. Be it therefore enacted, by the Lieutenant Chroer^
nor, C$wncdf and BurgesseSf of this present General As-
$enMy9 and it is herSy enacted by the authority of the
jaine» That the said act intitaled, an act, for aUawing
fain to be kept in the town of Fredericksburg; togeth*
er with so much of tlie said other act^ made In the ^
ttiirteenth year of his said majesty's reign, as relates
to the holding the fairs, shall continue and be in forc^
from and alto* the end of this present General Assem*
My, for and during the term of four years, and from
thence to the end of the next session of Assembly.
CHAP. XXV.
4n Mf for destroying Crows and SqidrrdSt on the
Extern Shore.
I. inrHEREAS, crows and squirrels do great
T T damage to the crops of corn on the Eastern
Shore. For the preventing of the like damage here-
after,
II. Be it enactedf by the Lieutenant^ Gkrvemor, Cdun-ioTown and
off and Burgesses, of this present Oeneral Ji9sembly,9qmm\a,
and it is herOy enacted, by the authority of the «awMJ,^^^^^y
Tbat'from and after the passing of thi^ act, eve- etstCTn ^
ry person dwelling on the Eastem-Shor^, who i^ by Abort.
law obliged to give a list of the titbables in hi^ or her
family, shall, annually, befoi*e the time appointed for
retarning such list to the county court, produce to the
justice of peare, who shall be appoioted to take lists of
titbables in the precinct where stich person shall dwell,
four crows heads, or squirrels scalps, for every titbable
hy him or her listed that year. Aiid every spch jus-
tice shall forthwitli cause such scalps and h^ads to be
destroyed, to prevent their beifig produced a second
time; and shall, in a distinct column, to be for that
parpose made, in the said fist^ enter the number of
Mich heads and scdps in a line, with the name of the
^4 LAWS OF TIRGINlAt
person prodooing the same* And the oowrt of evtv;^
county on the Eastern-Shore shalU annually^ at tfaelaj*
inj? of the county levy, give the county credit in ow ar-
ticle, for two pounds of tobacco^ for every head or sealp^
wanting to make up ttie full number required by Ihif
act. And the sheriff or collector of the said oounty if
hereby impowered and required to demand and*reoQive
of the delinquents, or levy by distress^ the said tw)»
pounds of tobacco, for each head at scalp 90 wantanf^^
to make up the said number of four heads for everj
tithable, as aforesaid, on every person, respectively^
who shall have failed to produce the same, accordti^
to the direction of this act: To be applied towards
the discharge of the said county debt, in the maaner
herein directed,
I V. dnd be it further enacted by the mtthontf qfare*
saidf That tliis act shall continue and be in force four
years, fh>m the passing thereof, and from thence to
the eud of the next session of Assembly » and no Ion*
ger. i '
CHAP. XXVL
dn Adf for explaining the charter granted to pie dig of
WUUamsburg; and for enlarging the ^risdicticn w
the court of Hustings, li^Uhin the said atjf. ^
Premble. '* TV7HEREAS, his late majesty king George the
V T first, of blessed memory, by his roial char*
ter, be&Hhg date, under the seal of this colony, tha
twenty e\{|^hth day of July, in the eighth year of hif
reign, was vraciously pleased to grant to the inhabit
tants of Willhinshurg, that the same should be a citj
incorporate, consisting of a maior, recorder, six al-
dermen, and twelve common-council men: And was
further pleased (among other things) to grant to the
said maior. Recorder Aldermen, and common-cMUieil
of the said city, and to their successors, for ever; and
to all freeholders of the said city, owning one whole
lot of land, with an house built thereon, according to
law; and to all persons actually residing and inhabit-
ing within the said city, having a visible e^te of &!ty
pounds current mcmey, at the least; and to all persoas
who should serve five years to any trade within the
MAY 174«— 15th 6E6ROE If. 265
fiMtHjf and should, after the expiration of their tune,
be actually houae-keepers and inhabitants of the said
city, full power and authority to name, elect, and send
one eitiKen, qaaiified, as therein is mentioned, to be
present^ sit, and vote, in the house of Burgesses of this
colony. And was also pleased to grant, that tlie said
maior, recorder, and aldermen, should hold a court of
Hustinp, once in e\try month, within the said city:
the jurisdiction of which said court hath been enlarged
by two acts of Assembly, made since the granting of
fte said charter; but the same is not yet extensive
^ttonghy for keeping order and good government with*
in the said city: And some doubts and controversies
luiving lately arisen, concerning the construction of
the said charter, particularly with respect to the qual*
iltcations of persons, entitled by the said charter, to
vote at the election of a citizen for the said city. For
•ettting the said doubts and controversies, and enlar-
ging the jurisdiction of the said court of Hustings,
iL Be it enacted by the Lieutenant'Ghroemorf Coun- charter cf.
alf and Burgesses, of this present General Assembly , and WilTiams.
it is hereby enacted by the authority of the same; and p^ed
ihe true intent and meaning of the said charter is hereby
dedared to be. That no person shall vote at the elec- ,
tion of a citizen for the said city, in right of any free«
lioldy nnless he has an estate of freehidd in one whole
lot of land within the said city; and that there be stan-
ding upon the said tot, a house of such dimensions aS
is required by law, for saving sach lot. In tenantable
jrepair, at the time of giving such vote. And whei*e
two or more are seised of any estate of freehold with-
in the said city, as joint tenants, tenants in common
or co-partna*s, no more than one vote shall be given,
•r allowed, in rig^t of such freehold, and that only in
caae all the partiea interested, can agree; otherwise
no vote shall be allowed to be given, for any such free-
hold. And that no person shall be entitled to vote at
such election, as an inhabitant or resident within the
mid city^ unless he has actually resided there twelve
months^ next before the time of giving his vote. And
that no' person whatsoever, being a servant by inden-
tore, covenant, or otherwise, shall be allowed to give
any vote at such election, in right, or on account of his
being an inhabitant or resident within the said city.
And that na p^rson^hell be entitled to vote at snch e*
306 hAYTS OF VIRGINIA.
lection^ in right, or on account of hisliaving served
Ave years in the said city, unless he shall have actnally
served as an apprentice to some trade within the said
city, for the term of five years, and shall have obtain-*
ed a certificate thereof from the court of hustings
within the said city, under the common seal of the ci-
ty; and is also an inhabitant and house keeper within
the said city, at the time of giving his vote.
III. Jind be it further enacted^ That every persoii
claiming a right to vote as a freeholder, before he is
admitted to poll at the election of a citizen for the said
city, shall, if required by any candidate, or other per-
son entitled to vote at such election, take the following
oath; or being one of the people called quakers, shall
declare the effect of the same, upon his afBrmation:
That is to say, <^ You shall swear, that you have a
<« sole estate of freehold, or estate of freehold in joint
^ tenancy, tenancy in common, or co-partnery with
« in one whole lot of
<< land, within the city of Williamsburg, and that there
f < is a house now standing thereon, of such dimensions
'< as is required by law, for saving the said lot, in ten-
« antable repair; and that the same hath not been
<< granted to you fraudulently, on purpose to qualify
, *< you to give your vote at this election." And every
person claiming a right to vote, as resident and inhab-
itant within the said city, shall, if required, as afore-
said, take the following oath; or being a quaker, de-
clare the effect of the same, upon his affirmation:
-That is to say, <« Tou shall swear, that you are, and
<< have been, for twelve months last pas^ a resident
^ and inhabitant within the city of Williamsbui^ and
<< that you have a visible estate of the value of fifty
M pounds current money, at the least; and that the
^ same, or any part thereof, hath not been given or
^ conveied to you fraudulently, on purpose to qualify
*• you to give your vote at this election.'*
IV. Awi he it further enacted and declared^ That no
person shall be qualified to be elected one of the com-
mon council men of the said city, until he has actual-
ly resided there twelve months, at the least: And
such residence shall be deemed a sufficient qualification,
although he be no freeholder. And that the writ for
electing a citizen for the said city, shall be directed to
the maior of the said city, for tha time being as has
MAY 1742— 15tli GEORGE 11. 207
been used heretofore: And (he said maior is hereb j
declared to be the returning officer. And that the re-
corder of the said city^ for the time being, shally in
his absence from the said city, have full power and au-
thority to exercise the said office, by his sufficient de-
puty to be appointed by him, by writing, under his hand
and seal, so as such deputy be approved by the court of
the maior, aldermen, and common-council men of the
said city, or the major part of them.
V. Jind be U further enactedf That the court of hus-
tiDgs within the said city, shall from henceforth hav#
the sole power of granting* licences to ordinary keep-
ers within the said city: And that the courts of the-
ck>untie8 of York, and James City, shall not exenrise a-
ny jurisdiction in that matter, as hath been formerly
done.
YI. Pnroidei alwaySf That such licences be gran-
ted, in the manner directed by one act of Assembly,
made in tb« fourth year of the reign of her late majes-
ty, queen Anne, intituledf aa act for regulating ertUna'
rieSf and restraint of tippUng houses* And the justices
of the said court of Hustings shall have the same pow-
ers and authorities, both as to granting licences, and
regulating and suppressing ordinaries, as the justices
of any county court within this colony have or may ex-
#rcise, by virtue of the same, or any other act of As-
sembly.
CHAP. XXVII.
jM Jd, for dividing the county of Prince WiUiam.
I. ^[j^OB the greater ease and convenience of the in- Prince wil-
X habitants of the county of Prince William, in at- ^"P,!^"^*^
tending courts, and other public meetings. Be it enact"
edf by the lieutenant- Qoroemor, Coundl, and Burgesses^
of this present General Assembly, and it is hereby enact*
ed, by the authority of the same. That from and im-
mediately after the first day of December now next en-
suing, the said county of Prince William be divided in-
to two counties: That is to say, all that part thereof,
lying on the south side of Occoquan, and Bull Run;
and from the head of the main branch of Bull Run, by
a atraisbt course to the Thorough-faro of the Blue
308 I-AW8 OF VIRGINIA,
Ridge of mountains* known by the name of Asbby^ir
Gap, or Bent, shall be one distinct county, and retain
the name of Prince William county: And be one dis-
tinct parish, and retain the name of Hamilton parish*
And alt that other part tliereof, consisting of the par-
ish of Truro, shall be one other distinct county, and
called and known by tlie name of Fairfax county. And
yaiTJtx emui- that, for the due administration of justice, after the said
ty formed, fii^t day of December, a court for the said county of
Prince William, be constantly held, by the justices
thereof^ upon the fourth Monday: And a court for
the said county of Fairfax, be constantly held, by the
justices of that rx)unty, upon the third Thursday in e-
very month, in such manner, ashy the laws of this co-
lony is provided, and shall be by their commissions di-
rected.
II. Frtwidtd always^ That nothing herein contain-
ed* shall be construed to hinder the sheriff, or collector
of the said county of Prince William, as the same now
stands entire and undivided, to make distress for anj
levies, fees, or any dues, which shall be due from thn
said county of Fairfax, after the said first day of De«
cember, in such manner, and not otherwise, as by la^
be might have done if this act had never been made;
any law, custom, or usage, to the contrary hereof, not*
withstanding.
CHAP. XXVIII.
^JicUfor dividing the county of Haturoer; aui e-
recHng the upper part thereof 9 into a distinct county.
Uuioirer I. WV7HEREAS, many inconveniences attend th«
coimty diyi- ^ y upper inhabitants of the county of Hanover,
by reason of tlieir great distance from the court-hou#e^
and other places appointed for public meetings. Be U
therefore enacted^ by the Lieutenant-Governor, Cmmcilf
and BurgessesSf <f this present General Jssemblyf and
it is hereby enacted, by the authority of the same. That
trom and immediately after the first day of December
next ensuing, all that tract of land now deemed to be
part of the said county of Hanover, lying above a straight
course to be iiin from tiie mouth of Little Rockey creek,
on the river Northanna, south, twenty degrees wiwt^
MAY 1742— 15tli GEORGE 11. 209
Imtil it intersects the line of Groochland coanty^ be di-
Tided from the said county of Hanovei^ and be made
a distinct county, to be called by the name of Louisa Loalsa coun-
county: And that the inhabitants thereof be exempt ^ 'o™^®^-
firom any dependence on the said county of Hanovei'. —
And for the due administration of justice in the said
•ounty of Louisa, after the same shall take place^
IL Be it further enacted, by the authority aforesaid^
That after the said first day of December, a court for the
•aid county of Louisa, be constantly held by the justi-
ces thereof, upon the second Monday in every months
in such manner as by the laws of this colony is provi-
ded, and shall be by their commissions directed.
IIL Prcroided altoays^ 1 hat nothing herein contain-
ed, shall be construed to hinder the sheriff^ or collec*
tor of the said county of Hanover^ as the same now
•tands entireand undivided, from collecting or making
distress for any public dues^ or officers fees, whicli
shall remain unpaid by the inhabitants of the said coun-
ty of Louisa, at the time of :jts taking place: But such
ftberiff^ or collector shall have the same power to col-
lect or distrain for the said dues and fees, and shall be
answerable for them, in the eiame manner, as if this
act had never been made; any law, custom, or usage^
to the contrary thereof^ in any wine, notwithstan-
ding.
CHAP. XXIX.
Jtn Jictf for preventing the buUding wooden chimnies in
the town of Fred^^cksburg, and pulling down mdi
as are already buiU therein; and to restrain hogs
from going at large in the towns of Fredericksburg
and Urbanna^ •
I.'ITIORASMUCH^ as it hath been represented to ifredendUf
32 this Assembly, by the inhabitants of the town burgf regular
of Fredericksburg, in the county of Spotsylvania, that J^^j^ ^
they are often in great and imminent danger of having chimnie^and
their houses and effects burnt and consumed, by reason hogtthtrm.
4»f many wooden chimnies in the said town. Be it there*
fore enaetedf by the lieutenant-C^eroemor^ CoimcU and
Burgesses ofms present Ometal dssemblyp mndit is
C c— vol. 5.
210
LAWS OF VIRGINIA,
Urbanna,
hogs not to
riin at Urge
fherein.
hereby enacted, fty the authority of the samCf That it
shall not herraftei* be lawful for any person whatsoe-
ver, to erect or build, or cause to be erected or built in
the said town, any wooden chimney; neither shall it
be lawful for any i^erson whatsoever, after the expira-
tion of three years after the passingof this act, to mak^
use of any wooden chimney already erected in the said
town: And that the owners or proprietors of all such
wooden chimnies*as now are in the said town, shall be-
fore the expiration of the time aforesaid, wholly des-
troy and disuse the same, f»r cause them to be pulled
down; otiicrwise it shall be lawful for the sheriff of
the said county of Spotsylvania, and he is hereby re-
quired, to cause all such wooden chimnies to be pulled
down and demolished* And in like manner it shall be
lawful for the said sherifs, and they are hereby requi-
red, to cause to be pulled down and demolished, all
other wooden chimnies wliich shall be built or erected
in the said town, in breach of this a( t
11. And whereas, it is represented tc» this Assembly,
that great numbers of hogs are raised, and suffered
to go at large in thesaid town of Fredericksburg, and
the town of Urbanna, to tlie great prejudice of the in-
habitants thereof: Be it further enacted by the author-
ity aforesaidf That from and after the passing of this
act, it shall not be lawful for any person or persons,
owners of any swine, to suffer the same to run or go at
large within the limits of the said towns; and if any
swine shall be found running or going at large within
the said limits, it shall be lawful for any pei*son what-
soever, to kill and destroy every such swine so running
at large. Proroided always. That such person shall
not convert any such swine to his or her own use; hot
shall leave the same in the place where it shall be kil-
led, and giv^ immediate notice to the owner thereof^
if known; and if not then such |)erson shall immediate-
ly inform the next justice of the peace thereof, who may
order the same to the use of any poor person or per-
sons he shall think fit.
Ill* Fnmded always. That nothing herein contain-
ed, shall be construed, deemed, or taken, to forbid or
hinder any person or persons from driving any swint
to, or through the said towns, or the limits thereof, in
oi*der to sell the same; or in their removal from one
plantation to another*
MAT 1742— 15th GEORGE II. gn
CHAP. XXX.
Ai Jet for dividing the parish of Saint Martin, in the
county of Hdnoroer; and erecting the same it[do two
distinct parishes.
I. "inffTHEREAS, by reason of the large extent of P«i»het in
▼ ▼ the parish of Saint Martin, in the county of JJj^'^®'' ^-
Hanover, the minister and inhabitants thereof, labour
under great difficulties and inconveniences; For re-
moval of which, for the future. Be it enacted, by ths
lAeutenant'Ckrvemorf CaiincU, aad Burgesses of thu
present General AssenMy, and it is hereby enacted, by
the authority of the same. That from and after the first
day of December next, the said parish of Saint Martin, ^^ Martin.
shall be divided, by a line to be run from the mouth of
GUady's Greek, on the south sideoftlie river Northan-
jaa, a course of south, twenty degrees west, Hill it in-
tersects the line of Goochland county: And all that
part of the said parish, situate below the said line, to
the eastward thereof, be erectoil into one distinct par-
ish, and retain the name of Saint Martin; and all that
other part theret>f, situate above the said line, to the
westward thereof, be erected into ono other distinct ^J?*^®"^***
parish, and called by the name of Fredericksville. ^
|L And be it further enacted, by the authority a-
foresaid, That the present vestrymen of the said par-
ish of Saint Martin, and that shall continue so to be un*
til the division shall take place, shall be vestrymen of
the said parishes of Saint Martin« and Fredericksville^
wherein they shall dwell, respectively. And for com-
pleating the number of vestrymen in the said parishes
of Saint Martin, and Fredericksville, the freeholders
and house keepers thereof^ shall me^t at some conve-
nient time and place to be appointed, and publicly ad-
vertised by the sheriff of the said county of Hanover,
before the fifteenth day of January next following; and
then and there elect such and so many of tbe most a-
ble and discreet persons of their parish, as will make
op the number of vestrymen in each of the said parish-
es, twelve, and np more: Which vestrymen so con-
tinued and elected, haviiig taken the oaths appointed
by law, and subscribed to be conformable to the doc-
trine and discipline of the phurch of England, shall,
to all Intents and purposes, be deemed aiid taken to be
gl3 LAWS OP VIRGINIA,
theTCstries of the said pariahes, i^pecttreljr: Aii4
the vestries of the 8ai4 parishes, respectively, ^re here-
by impowered and made capable to take, receive, and
hold any lands, tenements, or hereditaments, to bo
purchased or given for a glebe or glebes, for the use
of the parsons of the said parishes, for the time being,
for ever.
ill* Providtd always. That nothing herein con-
tained shall be construed to hinder the collector of the
said parish of Saint Martin, as the same now stands
entii-e and undivided, from collecting or making dis-
tress for any parish levies, which shall remain unpaid
by the inhabitants of the said parish of Fredericks ville,
. at the time of its taking place: But suqh coHector
shall have the same power to collect and distrain for
the said levies, and shall be answerable for them, in the
same manner, as if this act had never been made; ar
ny law, custom, or usage, to the contrary thereof, in a^
ny wise, notwithstanding.
CHAP. XXXI.
Jin Ad^ Jar drvidutg the parish of Bristol, in the comi-
iy of Prince George; and erecting the same inia tW0
distinct parishes; and other purposes therein mentis
oned*
Ptriih IB I* "VJETH^^B^S* ^7 reason of the large extent of
Prince y Y the parish of Bristol In the county of Prince
George divi- Q^^^pg^,^ ^j,^ minister and inhabitants thereof, labour
under many inconveniences: For removal of which,
for the future, Beit enacted, by the Lieutenant-Chrcem'
or, CauncU, and Burgesses, of this present General Jls-
sembly, it is hereby enacted, by Vie authority of the
same. That from and after the first day of September
next, the said parish of Bristol shall be divided, by a
line, to begin at Major James Monford's mill, on Ap-
pomattox river, and running thence a course parallel
to the lower line of the said parish to Stony Creek;
and thence down the said creek to Surry county, and
all that pan of the said parish, situate below the said
0ristoL l>'^^» ^^ erected into one distinct parish, and retain tha
name of Bristol: 4nd all the other psurl thereof, sitr
MAT ir48— 15th GEORGE IL %l$
nate above the said line, be erected into one other dis*
tinct parish^ and called by the name of Bath.
ir* Jhid be it further enacted, by the Ott^AortfyBatk
^feresaid. That the present vestrymen of the said par-
ish of Bristolf that shall continue so to be until the di-
vision shall take place, shall be vestrymen of the said
parishes of Bristol, and Bath, wherein they shall dwell,
respectively: And for compleating the number of
vestrymen in the said parishes, the freeholders and
housekeepers thereof, shall meet at some convenient
time and place to be appointed^ and publicly advertis-
ed by the sheriff of the said cimnty of Prince George,
before the first day of October next following; and
then and there elect such and so many of the most a-
ble and discreet persons of their parish, as will make
vp the number of vestrymen in each of the said parish-
es, twelve, and no more: Which vestrymen so con-
tinued and elected, having taken the oaths appointed
by law, and subscribed to be conformable to the doc-
trine and discipline of the chuich of England, shall, to
all intents and purposes, be deemed and taken to be the '
vestries of the said parishes, respectively. And the
vestries of the said parishes, respectively, are hereby
impowered and made capable to take, receive, and hold
any lands, tenements, or hereditaments, to be purcha*
sed or given, for a glebe or glebes, for the ase of the
parsons of the said parishes, for the time being, for
ever.
IIL Afni he it further enacted, btj the authority a^
foreeaid. That the vestry of the said parish of Bris-
tol shall in their next narish levy ,|after thedivisioji shall
take place, raise and pay unto the vestry of the said
parish of Bath, fifteen pounds of tobacco, free from de-
duction, for every tithable that shall remain in the
said parish of Bristol, after the division shall take place:
To be applied towards lessening the levy in that parish,
by the poll, and to be in full of all demands, for buil-
ding of churches, purchasing a glebe, or otherwise,
which the said parish of Bath might have against the
said parish of Bristol.
ly. Provided always, That nothing herein contain-
($Af shall be construed to hinder the sheriff, or collect
$or of the eaid parish of Bristol, as the same now stands
^14
LAWS OF VIRGINIA.
tndividedy to collect or make distress for any levies or
other dueSy which shall be due from the inhabitants of
the said parish of Bath, after tlie same shall take
place, in the same manner as by law they mijs^ht have
done, if this act had never been made; any thing here-
in contained, or any law, custom, or usage, to the con-
trary thereof, in any wise, notwithstanding.
CerteMi en-
tailed lands
Tested in
George *
Biaztoa.
CHAP. XXXII.
JSn Actf to vest certain entailed lander pared of a grea*
ter tract therein mentioned, in Charge Braxtonf the
younger f in fee m^de; and for settling other lands
of greater vaiue, to the same uses.
I. ^KVTHEREAS, William Banks, late of the parisK
TV of St Stephen, and county of King and Queent
was, in his lijk time, seised in fee simple of, and in
twelve hundred acres of land, with the appurtenances^
situate, lying, and being in the parish and county afore-
said: And by his last will and testament, in wri-
ting, bearing date the tenth day of November, in tl^
year of eur lord, one thousand seven hundred and nine,
devised the same by the name and description of his
house, and dividend of land, whereon he then lived, to
his son Ralph, conditionally, that he should no way
alienate, or transfer the same, to any other use, than
to the use or uses that should be by him the said tes-
tator, therein declared, and to his heirs of his body
lawfully begotten, meaning his children present, or
hereafter, t(» whom the right of inherttaiice of, in, and
to the said land, should descend and go, in case they^
or any of them, survive him, as in, and by the said wiU,
may more fully and at large appear. And sometime
afterwards, the said William Banks died, so as afore-
said seised; after whose death, the said Ralph Banks
entered into the said land, with the appurtenances, so
as aforesaid devised, and was thereof seised in fee tail,
and died, so seised, sometime in or about the year of
our lord, one thousand seven hundred and thirty five;
after whose death, the said twelve hundred acres of
land, with the appurtenances, descended and came to
William Banks, as heir of the body of the said Ralph
Banks^ his father^ which said last mentioned WilUaB
MAY ir4e-.15th OBORGE 11. 215
Banks, lately bargained and sold four hundred and
twenty acres, part thereof, to George Qraxton, tlie
younger, of the parish and county aforesaid, gentle-
man.
II. And whereas, the said last mentioned William
Banks, is seised, in fee simple, of, and in one water
grist-mili, and three hundred and ninety four acres of
land, with the appurtenances, in the parish of St. John^
in the county of King William, which he is willing to
settle to the same uses, as the before mentioned twelve
hundred acres of land are settled, by the last will and
testament of the first mentioned William Banks, his
grandfather so as the fee simple estate of the said four
hundred and twenty acres of land, with the appurte-
nances, may be confirmed to the said George Braxton.
And forasmuch as the said water gnst mill, and three
hundred and ninety four acres of land, in the county of
King William, are of greater value than the said four
hundred and twenty acres; and notice has been publish-
ed, three Sundays successively, in the church of the a-
foresaid parish of St. Stephen, that application would
be made to this General Assembly, to vest the said
four hundred and twenty acres, with the appurtento-
ces, in the said George Braxton, in fee simple, upon
settling the said water grist mill, and three hundred
and ninety four acres of land, to the same uses as the
said twelve hundred acres are settled, by the last will
and testament of the said William Banks, pursuant to
your majesty's instructions:
lit. May it therefore please your most excellent ma-
jesty, at the humble suit of the said William Banks,
son of the said Ralph Banks, and George Braxton, the
younger, that it may be enacted, and be it eimctedy iy
ihe Lieutenant Governor 9 CkmncU, and Burgesses, oj
this present Cteneral Assembly, and by tke authority of
the same, That the said four hundred and twenty acres
of land, with the appurtenances, parcel of the said
twelve hundred acies, so as aforesaid devised, by the
last will and testament of the said first mentioned Wil-
liam Banks, be, and are hereby vested, in the said
George Braxton, the younger, his heirs and assigns,
te the only use and behoof of him the said George Brax-
ton, his heirs and assigns for ever: And that the said
water grist-mill, and three hundred and ninety fonr a*
crm, with the appurtenances, in the said eounty of
416 LAWS OF VIIKGNIA,
tiing William, shall be, and are herebj vedted, in th€l
said William Banks, son of the said Ralph Banks, and
the heirs of his body, lawfully begotten, for even And
that he, and all and every person or persons whatsoe-
ver, who, by the last will and testament of the said
William Banks, the testator, might have claimed the
said four hundred and twenty acres of land^ hereby
vested in the said George Braxton, as aforesddf shaH^
for evbr hereafter, hold and enjoy the said water rtist-
roill, and three hundred aud ninety four acres <rf land^
In the said county of King William, with the apporte^
nances, successively, one after another, as they might
have claimed and held the said four hundred and twen-
ty acres, if this act had never been made.
IV. ' Saving to the king's most excellent majesty,
his heirs and successors, and to all and every other
person or persons, bodies politic and corporate, their
respective heirs and successors, other than the person
6v persons claiming the said four hundred and twenty a^
cres of land, under the last will and testament of the
said William Banks, the testator, all such right, title,
estate, interest, claim, and demand, as they, every, or
any of them should, or might have had, or claimed, if
this act had never been made. Provided alroays, That
the execution of this act shall be suspended, until bis
majesty's approbation thereof, shall be obtained.
CHAP. XXXIIL
Jin jScU to enabU France* GreenhUl, to sell and dUpdU
oj her lands, and other estatSf by deed or willf noU
withstanding her husband Joseph QreenhUl shall hap*
pen to be Ivoing; and for other purposes iJkerein men-
tioned^
Jta«ii#e«
J«wi^ L I^ITHERE AStFrances 6reenhill,of tiie county of
Greenhjll au- ▼ v Prince George, late Frances Taylor, some time
thoris^to in the year of our Lord, one thousand seven hundred
rart^UndB *"^ sixteen, intermarried with one Joseph Greenhill;
'and at the time of such marriage, was seised in fee, of
one tract or parcel of land, lying and being in the par-
ish of Martin*s-Brandon, in the county of Prince
George, containing by estimation, nine hundred acres;
and of one other parcel of land, lying and beinf in the
MAY 1742— 15th GEORGE II. 217
parish of Albemarle, in tlie county of Surry, contain-
ing by estimationy four hundred acres: And was also
possessed of a personal estate, to the value of two hun-
dred pounds, and upwards.
II. And whereas, the said Joseph Greenhill, at the
time of such marriage, was a person of no fortune, or'
circumstance: and in less than two years after the said
marriage, left the said Frances, and departed out of
this colony, having first spent and consumed great part
of the personal estate bi-ought him by the said Pran-
ces; and also contracted several debts, for satisfaction
whereof, his creditoi's, after his departure, seised, and
took in execution, the small remains left by him of the
said pei-sonal estate; whereby the said Frances was
reduced to the utmost misery and distress; and was
obliged, for some time, to depend upon the charity and
assistance of her friends, for her support. And the
said Joseph Greenhill, about a year after his depar-
ture, wrote a letter to the said Frances, declaring that
if she followed him, he would not receive her, or make
any provision for her; and that he would never return
to her, or look upon her as a wife.
* III. And whereas the said Frances Greenhill, hath
made humble suit, by petition, to this present General
Assembly, setting forth the matters aforesaid; and
that she had received no letter fi^om the said Joseph
Greenhill for these twenty years past, nor can arrive
to any certain knowledge, whether he be living, or dead:
And also, that since her said husband's departure, she
hath by her industry, and the assistance of her friends,
been enabled to purchase a few slaves; and hath al-
so acquired a small personal estate, tho' not sufficient
to support her, in the decline of life, so comfortably as
she might be supported, if slie could dispose of her
lands: But that no pui*chaser will treat with her, on
account of the incertainty, whether her said husband
be living or dead: And further setting forth, that in
her present unhappy situation, she is exposed to many
Injuries^ by trespasses on her lands, and otherwise; and
that she has no child. And having great obligations
of gratitude to her friends, who assisted her in her dis-
tr^, she would be willing to give or leave the small
estate she hath, or may have in possession, at her death,
among them; which she is advised she sannot do, by
D d~Vol. 5-
218 LAWS OF VIRGINIA.
lawy in case her said husband should happen to beliv^
ingf without an act of Assembly^ to enable her so to
do.
IV. And whereas, public notice hath been given, at
the parish church of Brandon aforesaid, three Sundays
successively, that application would be made, by the
said Fi*ances Greenhlll, to this present General Assem-
bly, that an act may pass for the purposes aforesaid,
pursuant to his majesty's instructions; and no person
appearing to oppose the same, and it appearing reason-
able and just to this present General Assembly, that
inasmuch as the said Joseph Greenhill hath been ab-
sent so many years, and hath utterly neglected and re-
fused to make any provision for the maintenance of the
said Frances Grcenliill, during all that time, that the
said Frances should have power, notwitlistanding her
said husband should happen to be now living, to dispose
of her own lands; and also, of such estate as she hath
acquired by her own industry, since her said husband
left her:
V. May it please your most excellent majesty, at the
humble suit of the said Frances Greenhill, that it may
be enacted, and be it enacfedf by the Lieutenant-Oi^
vcrnor^ CkmncU^ and Burgesses^ of this present Ctetier-
al Jlssembly, and by the authority of the same^ That
the said Frances Greenhill shall and may, and she is here
by enabled, notwithstanding the said Joseph Greenhill,
her husband, shall happen to be living, to grant, convey,
sell, and dispose, either by deed, executed in her life
time, or by her last will and testament, in writing, to
SLuy person or persons whatsoever, and for such estate
and estates as she shall think fit, all, or any part of the
lands, tenements, or hereditaments, whereof she now is»
or hereafter shall be seised, in fee simple, and also to
give, sell, and disjiose of all or any part of the slaves,
or personal estate whereof she now is, or hereafter shall
be possessed, in tlie same manner as she might, or could
dispose of the same, if the said Joseph Grreenhill wai
naturally dead, and the said Frances Greenhill, was
actually and really a feme sole.
VI. And be it further enadedf by the authority o-
foresaid. That the said Frances Greenhill shall, and
may, and she is hereby enabled, at all times hereafter,
by the name of Frances Greenhill, to make contracts
and agreements in her own name; and to sue, and be
MAT 1742— 15th GEORGE M. 21«
nnti, in all courts of judicature M^ithin this colony^
as a feme sole may» or can by law. notwithstanding
the said Joseph Greenhill shall happen to be living:
And that none of the estate real or personal whereof
the said Frances Greenhill now is^ or hereafter shall
be seised, or possessed, shall be subject or liable to the
debts, controul, or disposition, of the said Joseph
Greenhill, in case he be living; but that the same shall,
fur ever hereafter, remain, and be for the sole and se-
parate use and behoof of the said Frances Greenhill,
her heirs, executors or administrators, orsuch othei*
person or persons, to whom she shall give, grant, con-
vey, or devise the same, as aforesaid.. Any law, sta-
tute, custom, or usage, to the contrary, notwithstan-
ding.
VII. Prcrcided always f That in case the said JosepI|
Greenhill shall happen to bo now living, and the said
Frances shall survive him, that she, the said Frances,
shall not claim, have or be entitled to any part or share
of the estate of the said Joseph Greenhill, either real
or personal; but that she, the said Frances, shall be
and is hereby utterly excluded and barred from all
dower and thirds, or other part or share of the estate
of the said Joseph Greenhill* either real or personal:
Any law, statute, usage, or custom, to tlie contrary not-
withstanding.
VIII. Saving to the king's most excellent majesty,
his heirs and successors, and to all and every other
person or persons, bodies politic and corporate,their res-
pective heirs and successors, other than the person or
persons claiming under the said Joseph Greenhill, all
right, title, estate, interest, claim, and demand, as they,
every, or any of them should, or might have had or
daimed, if this act had never been made. Prcrcided
ehoays. That the execution of this act shall be suspen-
ded, until his majesty's approbation ^tlereof; shall be
^tainod.
SB»S»
AT A
Wm. Gooch,
esq. Govern-
<0etteral %0mVip,
SUMMONED TO BE HELD AT
The CktpUolf in the City of Williamsburg^ on TTiursdrnf^
the sixth day of May, in the fifteenth year of the
reign of our sovereign lord George the secand, 6y tht
grace of God, of Great-Britain, France, and Ire*
land. King, Defender of the Faith, ^c Mdfrom
^ thence continned, by several prorogations, to Tuesday,
thefourtli day of September, in the eighteenth year
of his said Myesty^s reign, and in the year of our
Lord 1 744: Being the second Sessionofthis JissemNy^
Preamble.
Foreign at-
tachments.
Absent de-
fendants,
bow pro-
ceeded a-
gainst in
cbanceiy.
CHAP. L
•^ Act, for the relief of certain Creditors.
L XirHERE AS great difficulties have arisen, in the
T T recovery of debts due to the inhabitants of
this coh)ny» fi*oin persons residing in other parts of his
maje.sty^s dominions, or who have removed themaelyes
into foreign parts, havine^eflfects here sufficient for the
satisfying and paying such debts; for remedy whereof^
IL Be it enacted, by tlie Lieutenant'Oovemor, Coun-
cU^ and Burgesses, of this present General AssemUy, and
it is hereby enacted, by the authority <f the sanu.
That if any suit which hath been, or hereafter shall
be commenced, for relief in equity, in the general
court of this colony, any defendant or defendants, a*
gainst whom any subpoena or other process shall issue,
shall not cause his, her or their appearance to be en-
tered upon such process, within such time, and in such
manner as, according to the rules of the court, the
same ought to have been entered, in case such process *
had be.cn duly served, and an affidavit or affidavits
shall be made, to the satisfaction of such court, ihnt
SEPTEMBER 1744— 18th GEORGE II, j|24
•ach defendant or defendants is or are beyond the seas,
or that upon enqit y at his, her, or their usual place
of abode, he, she, or they could not be found, so as to
be served with such process; then, and in such cases,
the said court may not only make any order or orders
to restrain and injoin any person or persons in this co-
lony, ha ving any effects belonging to the defendant or de-
fendants in their hands, or in any pther manner,debtor8
to the defendant or defendants, from paying, conveying
away, or secreting such debts or effects, until the further
order or decree of the said court; but also may,(if to the
said court it shall seem necessary) order such effects to
be delivered to the plaintiff or plaintifs,subject to the fu-
ture order and decree of the said court, upon such
plaintiff or plaintifs giving such security as to the said
couK shall seem proper, for the return of the said ef-
fects, in such manner, and to such persons as the said
court shall adjudge: And the said court also shall
and may make an order, directing and appointing such
defendant or defendants to appear, at a certain day
therein to be named, of tl«e next succeeding court: and
a copy of such order shall, within fifteen days after
such order made, be inserted in the Vii^nia Gazette,
for two months successively, and published on some
liord's day, immediately after divine service, in such
parish church or churches as the said court shall ap-
point and direct; and also in every case a copy of such
order shall, within the time aforesaid, be posted up at
the front door of the Capitol, in the city of Williams;
burg: And if the defendant or defendants do not ap
pear within the time limited by such order, or within
such further time as the court shall appoint, then on
proof made of such publication of such order as afore-
said, the court, beins satisfied of the truth thereof,
may order tlie facts cnr the plaintifs bill to betaken pro
confesso. But if the matter or cause of such suit or
suits, bo for the adjustment and settlement of any ac-
count or accounts, and for satisfaction of what ballan-
cea may appear due thereon, then, and in such cases,
the court may, either by assigning and appointment of
auditors; or in any other manner, proceed to the sta-
ting and settlement of such account or accounts, and
make such order and decree thereupon, as shall be
thought just; and may tliereupon issue process to com-
vtA the performance of such decree, either by immedi-
222 LAWS OF VIRGINIA,
ate sequestration of the real and personal estate and
effects of the defendant or defendants, (if any such can
be found) or such part thereof as may be sufficient to
satisfy the demands of the plaintiflTur plaintiffs in the
said suit* or by causing possession of the estate or ef-
fects, demanded by the bill to be delivered to the plain-
tiff or plaintiffs, or by continuing the effects, (if any) so
orden^d to be delivered on the return of the subpoena
as aforesaid, or such part therei»f as may be sufficient
to satisfy the plaintiff or plaintiffs demands and costs of
suit, in ttie hands of the plaintiff or plaintiffs; or give
such further relief or remedy as the nature of the case
shall requires And the said court may likewise order
such plaintiff or plaintiffs to be paid and satisfied his,
her or their demands, out of the estate or effects so se-
questred, according to the true intent and meaning of
such decree, such plaintiffor plaintiflb first giving suf-
ficient security in such sum as the court shall think
proper to abide such order touching the restitution
of such estate or effects, as the court shall think
proper to make concerning the same, upon the defen-
dant or defendants appearance to defend such suit, and
paying such costs to the plaintiff or plaintiffs, as the
court shall order: But in case such plaintiff or plain-
tiffs shall refuse or neglect to give such security as a-
foresaid, then the said court shall order the estate or
effects so sequestred, or whereof possession shall be
decreed to be delivered, to rrmain under the direction
of the court, either by appointing a receiver thereof,
or otiierwise, as to such court shall seem meet, until the
appearance of the defendant or defendants to defend
such suit, and hip, her, or their paying such costs, to
the plaintiffor plainttffii, as the said court shall think
reasonable, or until such order shall be made therein
as the court shall think just *
Defendants III* J^id it id hereby further enacted^ by tlie authmity
refusing to qfaresaidf That from and after the passing of this act,
enterappesp. j]f ^„y defendant or defendants, by virtue of any writ
of habeas corpus^ or other process issuing out of the
said court* shall be brought into court, and shall refuse
or neglect to enter bis, her or their appearance, accor-
ding to the rules and method required by the said court,
or to appoint an attorney of such court, to act on bis,
her, or their behalf, respectively, such court may ap-
point an attorney of such courts to enter an appear-
SEPTEMBER ir44— 18th GEOKGE II. 228
aiice for such defendant or defendanti* respectively;
and such proceedings may thereupon be had in the
cause, as if the party had actually appeared.
IV. Praoided always, That if the person , 'Sa'"®* if in custody*
whom any decree shall be made» upon refusal or ne-
glect to enter his, her, or their appearance, or appoint
an attorney to act on his, her, or their behalf, shall be
in custody, or forth coming, so that he, she or they
may be served with a copy of such decree: then he,
she or they, shall be served with a copy thereof, be-
fore any process shall be taken out to compel the per-
formance thereof.
V. Prcroided also. That if any decree shall be made,^bwnt de-
in pursuance of this act, against any person or persons, g^ewcaJise*^
being out of this colony, or absconding as aforesaid, at within 7
the time such decree is pronounced, and such person yean.
or persons, shall, within seven years after the making
such decree, return, or become publickly visible; then^
and in such case he, she or they, shall likewise be ser-
ved with a copy of such decree, within a reasonable
time after his, her or their return, or publick appear-
ance, shall be known to the plaintiff or plaintiffs: And
in case any defendant, against whom such decree shall
be made, shall, within seven years after the making
such decree, happen to die before his, or her return
into this colony^ or appearing openly, as aforesaid, or
shall, within the time last before mentioned^ die in
custody, before his or her being served with a copy of
such decree, then his or her heir, if such defendant
ehall have any real estate sequestred, or whereof pos-
session shall have been delivered to the plaintiff or
plaintiffs, and such heir may be found, or if such heir
shall be a feme covert, infant, or non compos mentis,
the husband, guardian* or committee of such heir, res-
pectively; or if the personal estate of such defendant
be sequestred, or possession thereof delivered to the
plaintiff or plaintiffs, then his or her executor, or ad-
ministrator, (if any such there be) may and shall be
served with a copy of such dea*ee, within a reasonable
time after it shall be known to the plaintiff or plain-
tiffs, that the defendant is dead, and who is his or her
heir* executor or administrator, or where he, she or
they, respectively, may be served therewith.
VI. Froirided always. That if any person or persons, y^^i^^j^ ^^,
to servod with a copy of such decree, shall not, vrithin cree final.
224 LAWS OF VIRGINIA,
twelve months after such service, appear* and petition
to have tlie said cause re-beard, such decree, so made
as afoi*esaid, shall stand absolutely confirmed aj;ainst
the person and persons so served with a copy thereof,
his, her and their respective heirs, executors and ad-
mini8tratoi*s, and ail persons claiming by, from, or un-
der, him, her, them, or any of tiiem, by virtue of any
act, done or to be done, subsequent to the commence-
ment of such suit*
How defen- Vll. Provided nevertheless^ That if any person so
dants per- served with a copy of such decree, shall, within twelve -
mitted toan- months after such service; or if any person, not beiog
*^**'* so served, shall, within seven years next after the ma*
king such decree, appear in court, and petition to be
heard, with respect to the matter of such decree, and
shall pay down or give security for payment of such
costs, as the court shall think reasonable in that behalf^
the person or persons so petitioning, his, her or tiieir
respective representatives, or any person or persons,
claiming under him, her or them respectively, by vir-
tue of any act done before the commencement of the
suit, may be admitted to answer the bill exhibited, and
issue may be joined, and witnesses on both sides exam-
ined; and such other proceedings, decree, and execu-
tion, may be had thereon, as there migtit have been,
in case the said party had originally appeared, and the
proceedings had then been newly begun, or as if no
former decree or proceedings had been in the same
cause.
When bar. VI 11. Provided neverthelesSf and be it enatted^ by the
red. authority aforesaid^ That if any person or persons, a-
gainst whom such decree shall be made, his, her, or
their lieirs, executors or administrators, shall not,
within seven years next after the making'of such de-
cree, appear and petition to liave the cause re heard,
and pay down, or give security for payment of such
costs, as the court shall think reasonable in that be-
half, such dfM^ree made, as aforesaid, shall stand ab-
solutely confirmed against tlie person and persons a-
gainst whom such decree shall be made, his, her and
their heirs^ executors and administrators, and against
all persons claiming or to claim, by, from or under
him, her, them or any of them, by virtue of any art,
done or to be done, subsequent to the commencement
of such suit: And at the end of such seven years it
SEPTEMBER 1744— 1 8th GEORGE II. 225
^all and may be lawful, for the court to make such
further order, as sliall be juRt and reasonable, uccor-
dlDg to the circumstances of the cause.
CHAP. II.
«Ai Jkt, to explain and amtnd ah Jldf intittUcdp an Jcl
for the effectual suppression of vtcef and restraint
iand punishment of vncked, blasphemou^i and dissolute
persons*
h WWT HEREAS the act of Ass^blj, niade In the
▼ T fourth year of theVeign of her late majesty Preiuiibtei.
queen Anne, intituled^ an ad, for the effectual suppres-
sion i^vice, aud restraint and puniskment of ivtdzed^
ilasphemouSf and dissdute persons9 hath been found in-
sufficient to restrain and discourage wickedness and
▼ice; and different opinions have alslo prevailed, touch-
ing the meaning thereof: Therefore, for the better
explaining and amending the sained
IL Be it enactedf fry the Lieutenant Governor^ Conn- Proftne
silf and BurgesseSf of this p^'esent General iissenibly^ *^^\
and it is hereby enactedf by tlie authority of the same^ penalty for.
That from and after the passing of this act, if any per-
lon or persons shall profanely curse or swear, he, she
or they so offending, being thereof convicted, in the
manner as in the said recited act is directed, shall, for
every respective oath or curse, by him or her so sworn
and uttered, forfeit and (lay the sum of five shillings,
or fifty pounds of tobacco: And if any person or per- ^^^
sons so cohvictexl, shall refuse to make present pai-cJ!^^
meht of such forfeiture or forfeitures, or give sufficient
security for tiie payment thereof, at the layirig of the
next parish levy, after such conviction, that then the
same shall be levied on the goods arid chattels of such
offender or offenders, by execution, under the hand of
the justice of the peace, before whom such conviction
shall be directed^ to the sheriff or constable, to be exe-
cuted in like manner as other executions and distres-
^8 are levied; and if no goods and chattels of such
offender or offenders can be found, whereon to levy the
said sum or sums, then he^ she^ or they» shall have and
£ B_voL 5.
22S
LAWS OF VIRGINIA.
LimitfttioD.
Not attend-
ing church,
ezcu9e for.
receive ten lashes upon his» her, or their btre Inm&#
well laid on, for every such forfeiture.
III. Praoided alwaySf That no justice of the peace
shall give judfi^ment for more than four oaths or cof-
ses» sworn or uttered at any one time, or issue execu^
tion against any offender* for more than twenty shil*
lings or two hundred pounds of tobacco, upon any one
conviction; and also that no offender or offenders
shall receive more than twenty lashes, upon such cob-
viction.
IV. Aid be it further enactedf That when any per-
son shall hereafter be presented by the grand jury, or
prosecuted by the church wardens, or otUerwise, for
wilfully absenting him, or herself from ctivine service^
at his or her parish ohurch or chappel, the space of one
month, if such person shall make it appear, by the oatli
of one or more credible witness or witnesses, that he
or she so presented or prosecuted, hath been at divine
service at any other church or chappel than his or ber
own parish church or chappel, within the space for
which he or she shalf be so presented, for betag abscnt;^
that then such presentment or prosecution shall be dis-
missed, and the party prosecuted discharged from the
forfeiture in the said act mentioned. And forasmuch
as many doubts have arisen touching the^ oflRpBces and
matters to be presented by grand juries, for eettliiig
whereof for the future,
V. Be it further enactedf by the authorUy afortmaif
t^utionof-pij^l. the grand juries hereafter shall, and they are
^^^" ' hereby required to make presentment of all such of-
fences and breaches of penal laws only, as shall be com-
mitted within the space of twelve months before the
time of Kiich presontmentr unless the same be otbei^
wise directed by law,, and no longer.
YI. And be it further ena^sd^ That so nnicb of the
said recited act of Assembly, as relates to any viattor
or thing within the purview of this act, shall be^ and
ttie same is hereby repeated and madk veid.^
present,
ments.
SEPTEMBER ir44~lStfa GEORGE IL gjtjf
CHAP. m.
vi» Jid^ U ietOe the distribiUum of the salary 9 alUnvei
iff ki$ myeetjfy to the amncU qf this coiomf^
h \V7HEREAS hiB miyesty b^th been graciously ^
wl pleased to grant unto tben^embersof his coun- ^'^^"'^^f
<il of this colony, the yearly sum of six hundred pounds
tteriing, out of his revenues, as a salary or reward) fpr
their services; and whereas^ by the Act of Assembly,
made in the fourth year of the reign of jUie late queen
Anne,ybf establUhing the general court, and for regu^
iating and settling the proceedings therein, the #aid cciurt
is established, and declared to coi^sist of the governor,
and the council aforesaid; and the said judges are di-
rected, at the time of entring into office, to take an
oath» therein particularly set forth, under a penalty,
in which oath, among other things, they swear, «• that
*< they shall not take any fees or other gratuity, of a-
^ ny person^ great or small, except such salary a9 shall
«<beby law appointed/* And whereas a|doul|t has late-
ly arisen, whether the members of the said council, a9
judges Qf the geiieral court, can, with ^afi^ty, take or
receive the said salary, and proportion the same, ac-
cording to their attendance in the said general court^
as has been long practised, and always thought very
reasonable and proper: Therefore, for obviatipg all
scruples touching this matter,
II. Be it enacted^ by the LteiUenant-Ooroemorf Coun- n u ^f
ed, and Burgesses f of this present General ^ssembly,^^^
and it is herdnj enacted, by the authority of the same, court, beii^
That the true intent and meaning of the said recited counciUon*
words in the oath aforesaid, is, and it is hereby declar- SM^^^witfit
ed to be as it has always been understood* only to re- out^oUition
strain the said judges, or any of them, from receiving of their oath
or taking any gift or gratuity, from any person or per- ^ i^^f^
sons whatsoever, towards the delay or obstruction of
justice; and not to debar or restrain them from receiv-
ing and taking to their own benefit, the said six hun-
dred pounds sterling, or any part thereof, in the capa-
city of judges of tbe general court, or any sum or sums
of money, or. other salary or salaries whatsoever,
which the king's majesty, his heirs and successors,
shall think fit and reasonable, from time to time, to al-
lot and allow them, for such their service; or from ma*
2/iB LAWS OF VIRGINIA,
king such distribution of their salary or allowance, aa
to the meinber» of the said council shall seem reason-
able and proper; but it is hereby declared lawful for
them to acce|>t and receive such salaries and allowan-
ces from time to time, in the same manner as if givei|
and granted by act or arts of parliament, or of the
General Assembly of this colony.
CHAP. IV.
Jin AcUfor continuing an MU made in the first year cf
his majesty^s reigTif mtittUedf an Act for making
more effectual vromsion against invasions and in-
surrections; ana one other act, intittdedf an Jid,
for continuing and arhending the aforementioned
Act.
Prcnbk '• \1[7H*^R'2AS the act, made in the first year of his
TT majesty's reign, intituled, an a(^,Jbrin£iJkiiy
more effectual provision against invasions and insur*
rections^ was continued and amended, by an act, made
in the thirte^^ntli year of his majesty's reign, which last
mentioned act will expire on the twenty first day of
l>ecemUer, que thousand seven hundred and forty-four;
and it bein^ expedient that both the said acts should be
further continaed.
Continue* II* ^^ ^^ therefore enactedf bv the LieutenanU€Hroem-
tion of form- or, CouncUf and Burgesses, of this present Oeneral Jls*
dT laws. semblyf and it is hereby enactedf by the authority of the
samCf That botli the above mentioned acts shall con-
tinue and be in force, from the aforesaid twenty first
day of De<;cmber, for and during the term of four
vears.
^w-
SEPTEMBER 1744— 18tti GEORGE II, 229
CHAP. V.
•tfn Jdf to amend an Jd, intituled, an Jict, for pre-
venting exceseive and deceitful gaming; md another
•flcf ♦ intitnledf an Act, to prevent the receroery of mo-
ney, or other valuable things f won on wagers; and
for the mare (ffeetual restraint of gaming at ordina-
ries.
^ WMJTHEREAS tiie act of Assembly, made in the Preamble.
▼ ▼ first year of hih present majesty's reig^, inti-
tuled, an act, for preventing excessive and deceitful
gaming; and also another act, passed in the thirteentii
year of the reign of his said majesty, intituled, an act,
to prevent the recovery of money ^ or other valuable
things, won o9f wagers; and for the more effectual re-
straint of gaming at ordinaries, have \ifi§a found in-
jsufllrient; therefore,
IL Be it enacted^ by the Lieutenant Chvemov, Conn- Loger «t ga-
iAl, and Burgesses^ of this present General Jissembly, and mmg, how to
it is hereby enacted, by the authority of the samel That recover
if any person or persons whatsoever, shall, at any time ^^^^'
hereafter, within the space of twenty four hours, by
playing at any game or games whatsoevci*; (the games
at billiards, bark gammon, and bowles excepted) or
by betting on the sides or hands of such as do play at
iny game or games, ejccept as is before excepted, lose
to any one or more person or persons, so playing or
betting, in the whole, the sum or value of forty shil-
lings, and shall pay and deliver the same, or any part
thereof; the person or persons so losing and paying
and delivering the same, shall be at liberty, within
three months then next following, to sue for, and reco-
ver the money or goods, so lost and paid or delivered.
OP any pan thereof, from the respective winner and
winners thereof, with costs of suit, in such manner as
in the said first recited act Is mentioned and directed: whenotliers
And in case the person or persons, who shall lose such may sue.
money or other thing as aforesaid, shall not, within
the time aforesaid, really and bona fide, and without
collusion, sue, and with eSlixtf prosecute for the money
or other thing, so by htm or them lost and paid as a-
foresaid, it sluill and may be lawful to and for any |>er-
aoti or persons, to sue for an<) recover the same, with
costs of suit> against such wiiiner or winners, as afoi-e-
SftO
LAWS OF VIRGINIA.
naming ftt
•rdinoriei^
Penalty on
ordinary
lepers.
Appeal.
said; and the money or other thing so recovered^ to be
applied as in and by the said act is also directed.
III. Jind be it further enacted. That if any penwn or
persons shall, at any time hereafter, play in an ordi-
nary, race field, or any other publick place, at any
game or games whatsoever, except as befiHre excepted;
or bet on the sides or hands of such as do game; sach
person or persons, and every or either of them, shall,
upon being convicted thereof before a justice of the
peace, in any county within this colony k dominion, up*
on the oath of one or morecredible witness or witnesses,
(which said oath the said justice is hereby impowered
to administer) or upon the view of such justice, or on
the confession of the party or parties accused, forfeit
and pay the sum of five pounds: To be levied by dis*
tress and sale of the offenders goods, by warrant un-
der the hanll ^ the said justice; and moreover shall be
committed to the common goal, there to remain, until
he, she, or they find g«>od and sufficient security for his,
her, or their good behaviour, for the space of twelre
months.
I V • dnd be it furtlier enacted^ by the authority a-
faresaidf That if any ordinary keeper shall suffer or
permit any person or persons whatsoever, to play at a-
ny unlawful game or games whatsoever, in his house,
shed, booth, arbour, or stall, either by night or day,
everysuch ordinary keeper shall, upon conviction there-
of, forfeit and pay the sum of five pounds. And if any
justice or justices, of the peace shall hereafter be pre-
sent, when any person or persons play at any of the
games aforementioned, at any timeor place whatsoever,
except in private houses, and neglect to issue his war-
rant for levying the fine on the person or persons so
gaming or betting, contrary to the directions otT this
act; such justice, or justices, and every of them, up-
on conviction thereof, in manner aforesaid, shall for*
feit and pay the sum of five pounds.
y. Provided alwaySf and it is hereby etwcted and de-
daredf That if any person or ])ersons shall think him,
her, or themselves aggrieved, by the judgment (h* de-
ttt'mination of any justice of the peace, upon any con-
viction of, or for any of the ofiences in this act, siicli
persfin or persons may appeal from the said judgment
of the said justice, to the next court, to be held for tlie
said county whei'e such person or pei'sons was or were
SEPTEMBER 1744— 18th SEORGE IL 281
convicted; but the person and persons so appeal-
in^f shallf and he, site, and they are hereby di-
rected to give reasonable notice to the prosecutor or
prosecutors of such person or persons as shall so appeal^
of SDch his, her, or their intention of brinjs^ing and pro-
secuting such appeal; and shall enter into a recogni-
zance l^fore some justice of the peace for the county
wherein such judgment was given, with two sufficient
securities, on condition, to try such appeal at the next
court to be held in the same county, next and immedi-
ately after the bringing such appeal: And every such
appeal and appeals shall, by the said court, be then ex-
amined, and the matter heard and fins4ly determined.
VI. Provided always f That no such conviction made want of
or judgment given, as aforesaid, .by this act, shall be fornix no bar.
set aside for want of form, in case the facts alledged in
the said conviction, shall be proved, to the satisfaction
of the said court; nor shall such conviction or judg-
fiieat be removed, or removeable by appeal, certiorari,
or any other writ or process whatsoever, into the gener-
al court of this colony.
VII. dnd be it furrier enadedf by the authority ^fore- j^^p^^^^^
said. That all and every of the fines imposed by virtue tion of fines.
oftMs act, shall be to the use of the poor of the par-
ish, wherein the offence or offences shall be res})ectively
committed.
VIII. ^nd be it farther enacted. That thesaid in part Repealing
recited acts, so far as relates to any matter or thing ciau*e!'
within the purview of this act, is, and are hereby re-
pealed and made void, to all intents and purposes, as
if the same had never been made.
CHAP. VI.
4» ^ct, to amend the law for proving JFills in the
General Court, and (krnnty Courts.
I. XITHEREAS the proof of wills in the general
T V court, or county courts of this colony, where P»«»hlfc
lands are devised away from the heir or heirs at law of
tte decedent, is attended with inconveniences to the
-CBreutors, and lotMsia the peroond estates For rem-
•df whereof
232
LAWS OF VIRGINIA,
Wills maybe IL Be it enacted f by the Lieutenant Oovemor, Cowi*
proved as (.j/^ and BurgesseSf of tMs present General ^nsembty^
MbUed ^^ ^^^ *' *^ hereby enactedf by the authority of the samCf
That from and after the passinn: of this act, when any
wills are exhibited to be proved in the general courts
ur any county court of this dominion, itfifhall and may
be lawful to and fir the said courts, to proceed imme-
diately to receive the proof of such wilk; and to appoint
apprai8ei*s to value the slaves and personal estate of
such testator.
f^ot to affect II'* f^ovided alrCaySf T^hat where the lands of such
Uclr at law. testator, or any part thereof, shall, by such wills, be
devised away h^om the heir or heirs at law, such proof,
as to dim, her, or them, shall not be binding; but such
heir or heirs shall besummoned,in the manner direct-
ed by lawy and shall and may be at liberty to contest
the validity ofsucli will, in the same manner as if this
act had never been made.
CHAP. VIL
Preamble.
Jn Adf to continue and amend an Actf iniitviedi an
Act^Jor red^icing the taws madCf for amending the
staple of Tobacco; and for preventing frauds in his
majcsty^s customs, into one act of Assembly*
I. ¥1/^H£REAS the act of Assembly, made in th«f
*^ lirteentir year of the reign of his present
Occequan
warehouse
discontinu-
ed.
P6blckwate
bouse esta-
hHsfaed.
jesty, intituled, an act, for redutiag the laws made for
amending the staple of tobacco; and for preventing
frauds in his majesty's customs, into otu act of Assent
'bly, hath been foun<l, in a ;i;i*oat measure, to answer
the gomi end and design thereof; yet, for the rendering
the same more convenient and effectual,
II. Be it enactedf by tlu Lieutenant Governor, dmn-
ciU and Burgesses^ of thin present General Assembly,
and it is liereby enacted^ by the aul/ionty of the same.
That tVom and after the ninth day of November next,
the public warehouse on the lower side of Occoquan, in
the county of Prince William, be^ and is hereby re-
pealed, and shall no longer be accounted a public
Warehouse, for the inspection of tobacco; and that in^
stead of thesaid warehouse on Occ^uan, a public ware-
house shall be established on Pohick^ on the land of
^r
SEPTEMBER 1744— 18th GEORGE II. 338
Oennid M'Cartjf deceased, where the warehouses for-
merly were to be^ under the same inspection as the
warehouse on the upper side of Occoquan. And that
a publib warehouse be erected at Waller's ferry, in w^^^,
King WilliaiB county, opposite to the wai*ehouse at
Walkerton. And that the warehouses at Boiling's
point, in Prince George county, and at Colonel John warehouses
Boiling's, in Henrico county, now under one inspection, disjoined.
be disjoined and made two inspections: And the
warehouses at Mantipike, and Walket*ton, in Ring and
Queen county, be disj(»ined, and that at Walkerton to
be nnder the same inspection with that at Waller's fer-
ry, in King William county: And the warehouses at
Maycox, and Jordan's, in Prince George county, now
under one inspection^ be disjoined, and made two inspec-
tions. Rents slier*
III. Mdbe it further emctedf by the authority a-*^
foresaid. That so much of the said act as settles the
rent of John Boiling's warehouse, be, and is hereby re-
pealed; and that from and after the passing of this act,
there shall be paid and allowed for the rent of the said
warehouse, eight pence for every hogshead of tobac- inspectors
CO that shall be received, inspe<:ted, and delivered out. salaries.
ly* And for the better and more equal settlement
of the salaries of the several inspectors, at the ware-
houses hereafter mentioned. Be it further enacted, that
the same be established^ for each inspector^ according
to the following rates:
Pounds per annum.
At Conway's, 40
At Roy's, 45
At Shoccoe's, - - - - - 50
At Jordan's^ £5
AtMaycox, - - - - - 25
At Waller's and Walkerton, - - - 25
At Mantipike, .... 30
At Boiling's Point, - - - - S5
At John Boiling's, - - - - 25
At Falmouth, - - ... 45
At Occoquan, and Pohick, ... 30
V. Jink be it further enacted. That the notes of the^^ ^
several warehouses hereafter mentioned, shall pass inceruia^
paiment of all levies, quit-rents, and officers fees, pai- notes.
F»— Vol. 5.
384 i-AWS OF YIRGINIA,
able in the counties following; that is to say, the notes
of Warwick, Shoccoe'syBolling^s Point, and John Bol*
ling's) shall pass in the county of Amolia; and the
notes of Acquia, in Prince William County; and the
notes of Shoccoe'S) Warwick, Page's, and Merri weth-
er's, in the county of Albemarle; and the notes of
Sloyston's, Page's, and Merriwether's, in the county of
Abatement ^^"'5^, :, r . ^ .^ . j rt.u x x #
in Albe- VI. Md be it further enactedf That out of every
nurle. hundred pounds of tobacco, due in the county of Al-
bemarle, for quit-rents, sei retary^s, clerks, sheribt
surveyors, and other officers fees, and so proportiona-
bly, for a greater or lesser quantity, there shall be
made an abatement to the payer, of thirty per cent, for
every hundred so due from him.
VII. And whereas it is, by the said act, provided,
that where any warehouses have been or shall be built,
by the justices or other person, as aforesaid, and the
Ai'st proprietor of the land shall desire to have the
same again; such proprietor, upon paiment of so much
money as shall be sufficient, to reimburse the said
justices or other person the principal money expended
on the building such warehouses, with lawful interest,
shall be restored to his former estate, in the land where-
on such warehouses are built; and shall receive the
i*ents afterwards growing due, frir such warehouses:
And whereas it is doubti'd whether the justices are,
by the said act, obliged to account with the proprie-
tors for the rent of such warehouses,
Froprieton VIIL Be it enacted, by tlie authority qforesaidf That
howrestored the said justices shall account with such proprietor^
to wtpehou- Pjjp ^^^ money by them received for the rent of such
warehouse; and that the proprietor, upon reimbursin|;
the said justices the principal money expended, in the
building and repairing such warehouse's and whar&t
with lawful interest, deducting the rents by the said
justices received, shall be restored to bis former es-
tate, in the land whereon such warehouses are built.
ftuling to jx. Provided always, That if any proprietor, se
as aforesaid restored to his estate, shall neglect or re-
fuse t/} repair and build such houses and wharfs, as the
court shall think necessary, the justices shall be agaia
seised in the fee simple estate of such land, during the
time such place shall be made use of for a public ware-
boikL
SEPTEMBER ir44— 18th GEORGE II. 285
kouse; and such proprietor shall not have any benefit
of the rents that shall thereafter become due*
X* And whereas it is also, by the said act, provided,
that no tobacco, on any pretence whatsoever, shall be
carried or transported by water, to be inspected, out of
the district limited and appointed for the several naval
officers of this colony, wherein the same is or shall be
made, or being so carried, shall not be inspected or
passed by any inspectors, knowing the same to be made
out of such district, upon pain of ^rieititig, by the ow-
ner of such tobacco, and the inspector who shall pass
the same, twenty shillings for every hogshead, to the
informer; And whereas the penalty by the said act
inflicted, is judged Insufficient effectually to prevent
that eviU and as the law now stands, it is difficult to
convict the offenders;
XL Be it therefore tnactedf by the iiuthority a- carrying tinr
fare$aii9 That over and above the penalty by the said inspected to-
act inflicted, the tobacco so bi*ought to any warehouse c»cco from
shall be forfeited; one moiety of which forfeiture shall toLwSSr
be to the informer, and the other moiety to thp use of
the College of William and Mary; And upon any in-
formation brought against any pei*son or persons for
the said ofience, the onus probandi shall lie upon the ,
person claiming the property of the said tobacco, or
bringing the same to the warehouse to be inspected.
Xli. And whereas by reason of the large quantify
of tobacco now in the warehouses, and of the uncertain
arrival of the ships from Great Britain, during the
present war, it will I^ necessary that the inspectors
shall give further attendance at the warehouses;
XIII. Be it thi-refofP enacted, I'hat eirery inspector Attendance
of tobacco, from the tenth day of November, to the last of in^ecr
day of September, yearly, shall constantly attend at ^^
the several warehouses under their charge, to receive,
inspect, and deliver tobacco, except Sundays, and the
holidays observed at Christmas, Easter, and Whitson-
tide, or when otherwise hindered by sickness.
XIV. Jind be it farther enacted, by the authority afore- limiutionof
said. That this act shall commence immediately fnim ^*"« ^/^'
and after the passing thereof; and, together >%ith the"^^
said act, for redudng the laws made for amending the
ntapU of tobacco^ and for preventing frauds in his ma-
jesty's cusUnns, into one act of Jisstmbly, for so much
thereof as is not repealed or altered by this act, shall
336
LAWS OF VIRGINIA,
continue in force, till the ninth day of November, in
tbe year of our Lord one thousand seven hundred and
fcirty six; and from thence, two years next following;
and from thence to the end of the next session of As-
sembly.
Freamble.
CHAP. VIIL
Jin Jcif for continuing the wf cf, intituled, An Act, far
laying a duty upon liquors.
I. iff^ETTHEREAS the act of Assembly, made in th#
fifth and sixth years of his present majesty's
reign, intituled, an act^for laying a duty upon UqrtarSf
which hath been continued by several subsequent acts,
will expire on the last day of July, in the year of our
Lord une thousand seven hundred and forty six; and
it being the best expedient to raise money to answer
the exigencies of this government, it is necessary that
the said act should be further continued;
bnJ!SSnrdu- !•• ^ *^ therefore enacted, by the lAeutennnt Oover-
ties on U- nor, CouncU, and Burgesses of this present General Asscfk-
bly, and it is hereby enacted, by the authority of the same.
That the said recited act of Assembly, made in the fifth
and sixth years of his present mpjesty's reign,/or lay-
ing a duty upon liquors; and all other subse(iuent acts
made for continuing and amending the same, as to so
much of them as relates to the said duty upon liquors,
shall be, and the same are hereby continued, from and
after the expiration thereof, unto the tenth day of June
which shall be in the year of our Lord one thousand
seven hundred and forty seven, and no longer.
<]uors con-
tinued.
CHAP. IX.
Preamble.
An Act, for amending an Act, intituled. An Act, far
laying an Imposition upon Skins and Furs, for the
better Support of the College of WUliam and Mary,
in Virginia.
I. "^^rarHEREAS, by an act of Assembly made in
▼ T the fourth year of the reign of Queen Anne,
intituled, an act, for laying an imposition upon skins
SEPTEMBER 1744^18th GEORGE 11. 237
andJur$,for the better support of the college tffFilliam
and Mary, in Virginia^ a duty of three pence upon e-
very raw hide* and six pence upon every tanned hide,
exported, or carried out of this colony by land oi* wa-
tei", was laid and appropriated to the use of the said
college,- which was confirmed by another act, passed
in the eighth year of his present majesty's reign, in-
tituled, an act^ for the better support and encourage-
numt of the college of William and Mary, in Virginia:
And whereas the revenue arising by the said duty up-
on hides, has, by experience, been found insufficient to
answer the purposes for which the same was laid, and
disproportionate to the real value of hides;
IL Be it therefore enacted, by the Lieutenant'Oovem- ^ddiHoial
#r, Council and Burgesses, of tins present General'^^^y ?? ^^
Assembly, and it is hereby enacted, by the autlwnty of the for wm and
sa/ine. That from and after the passing of this act, one Maiy col
other duty or custom of two shillings and six pence for'^ffc
every i-aw hide, and five shillings for every tanned
hide, exported, or carried out of this colony by water
or by laud, to any poii; or place whatsoever, shall be
paid, by the owner or exporter thereof; to be entered,
collected, paid, and accounted for, in the same manner
and under the same penalties, and appropriated to the
same uses, as the duties upon skins and furs are, by the
said recited acts, directed to be collected, entered
paid, accounted for, and appropriated.
CHAP. X.
Jn Act, to amend the Ad, declaring the law concern-
ing Attachments; and for altering the Court dfiys in
the counties of Accomack and Amelia.
I. "VSTHEREAS, by an act of the General Assem- preamble,
▼ ? biy of this colony, made in the twelfth
year of his present majesty's reign, intituled, an act,
declaring the law concerning attachments; and for
altering the court days in the counties of Accomack
-and Amelia, reciting, that by one clause of an act of
Assembly, made in the nintii year of the late queen
Anne, intituled, an act, for establishing county courts,
and regulating and settling their proceedings, therein it
i¥as enacted, that it should and might be lawful for any
388 I-AWS OF VIRGINIA,
justice of the peace, upon complaint made to him by any
person, that his debtor was removing himself privately,
or absconded and concealed himself, so that theordina*
vy process of law could not be served against him, to
grant an attachment against the estate of such debtor,
or for so much thereof as should be of value sufficient
, to satisfy the debt of the party praying such attach-
ment, returnable to the next county court; but some-
times, from a misconstruction of the said clause, it was
ac^udged not to extend to any debts due or owing from
any person or persons, to the person so absconded or
concealed; but. that in such cases, bills in chancery
should be exhibited, for recovery of the same; which
must necessarily be attended with great expence and
delay; and different opinions, at times, had prevailed
in many county courts of this colony, touching the
same: For prevention whereof, it is, by the first men-
tioned act, enacted^ That when any person shall ob-
tain any attachment for debt, returnable as aforesaid,
directed to the sheriff, qr other proper officer of the
county, that it shall and may be lawful for such sheriff,
or other proper oQcer, to levy the same in the hands
of any person or persons, indebted to the person so ab-
sconding, to and for the use of the person complaining,
as he might or could have done on any other part of hit
estate; and the sheriff or other officer shall summon
such garnishee or garnishees, to appear at the next
court to be held for the said county, there to testify,
on oath, what be or she is indebted unto such person,
as in the said act more fully is contained. And where-
as, from the words of the said act, it hath been adjudg-
ed, that the said attachments may be directed to and
served by a constable; which opinitm may introduce
hardships and losses* constables in this colony giving
no security for the performance of their office, and be-
ing commonly persons in low circumctances: For re-
medy whereof.
Attachments H* Bt it enactedf by the litutenant-OovemoTt Couft-
hy whom to ct7, and Buri^sseSf m this present Oeiural Assembly,
^ a«nred. andijUis hereby enacted, by the authority of the iamef That
for the future, no attachment for debt^ to be obtained
and returned as aforesaid, shall be directed to, or ser-
ved, by any constable, where the debt shall be of the
value of twenty shillings sterling, or two hundred
pounds of tobacco, or upwards; but the same shall be
SEPTEMBER 1744— 18th GEORGE IF. 290
directed to, and served, by the sheriff, or his under-
sheriff, unless in cases where the sheriff is a party in-
terested, and then the same shall be directed to and
served by a coroner. Any thing in the said act to the
contrary, or seeming to the contrary, in any wise, not-
withstanding.
III. Provided always^ That nothing in this act con-
tained, shall be construed, deemed, or taken, to extend Pronso.
to attachments to be issued, pursuant to the act, made
in the tenth year of the reign of his present majesty
intituled, an aeU for preventing persunSf contracting
tmall debts f ti remove their effects out of the county
ivhere they reside; and for allowing a lawyer^ a fee in
same cases^ upon recoveries had upon petitions; nor to
restrain any constable from executing or serving such
attachments.
rV. Prorvtded also. That where attachments have
been served by any constable, and suits upon such at- Proviso
tacbments are now depending before any court within
this colony, it shall be lawful for the said Court, to
^■oreed and give judgment upon such attachments, as
if the same had been served by the sheriff.
CHAP. XI.
Jn Actf to amend an Jict, intituled Jin Jet, to prevent
frivolous and vexatious suits; and to regulate dt^
tornies practising in the County Courts.
I. 'YVTUEREASin and by one act of Assembly, made
T ? at a General Assembly, begun and held at the
Capitol, the first day of February, in the first year of
the reign of our Sovereign Lord George the second;
and from thence continued, by several prorogations, to
the sixteenth day of May, oiie thousand seven hundred
and thirty two, it is, amongst other things, enacted.
That in all actions of assault and battery, wherein
the court, before whom the trial shall be, shall not be
•atisfied, and enter upon record, that the battery was
•ufllciently proved, if the jury find under forty shil-
lingSy the plaintiff shall not recover more costs than da-
maares; and in case the jury shall find damages to ex-
ceed that sum, that then, and in such case, full costs
shidl be awarded. And whereas very many vexatious
240 LAWS OF VIRGINIA.
and litigious actions have been brought, as well in the
general court of this colony« as in the several county
courts^ and altiio' small damages have been given,
yet, the battery being proved, the plaintiff hath reco-
vered full costs: For prevention whereof,
J II. Beit enacted^ by the Lieutenant-QovemoTf Ckmn-
and battery ^ ®^^ BurgesseSf of this present General Assembly 9 and
and slander, t< is hereby enacted^ by the authority of the same^ That
when plwn- fi^m and after the publication of this act, in all acH-
cover cortT ^"® ^^ assault and battery, and slander, commenced
and prosecuted in the general court, if the jury find un-
der the sum of five pounds; and in the like actions
commenced and prosecuted in 'che county courts, if the
jury find under forty shillings, the plaintiff in either
case, shall not recover any costs.
III. And be it further enadedf by the authority afore--
saidf That the said in part recited act, as to so much
thereof as relates to any thing within the purview of
this act, be, and the same is hereby repealed, and made
void.
IV. And whereas a practice has of late been intro-
duced, of taking Bonds, commonly called judgment
bonds, with condition, for the paiment of money, and
a gt*ncral power to any attorney, to appear, and suffer
judgment to pass against the obligor, in any court of
Record in this colony, in such manneras the attorney
thinks proper, tliereby ratifying the same, and releas-
ing all errors, either in the proceedings, or record of
the judgment; which practice must be attended with
ill conse^juences, debtors having no previous notice of
the time and place of rendring such judgments, where-
by they are deprived of an opportunity of making dis-
counts appear against the bond, and are first put to un-
necessary law charges, and then obliged to enter into
expensive Chancery Suits for relief: For remedy
whereof.
Power ofat-^,V. Be it furtlur enacted, by the authority afore-
torney to gaid. That from henceforth, all powers of attorney, for
menu%w^ or suffering judgment to pass by default, or
otherwise, and general releases of error to be made or
given, by any person or persims whatsoever in tbisrolo.
ny, before action brought, shall be, and they are here-
by declared to be absolutely null and void; and if any
attorney shall {iresume to appear for a defendant under
such power, he shall, for every ofibnce, forfeit and pay
SEPTEMBER 1744-.lBth GEORGE II. j24i
ib^ Sam of five hundred pounds, to such defendant:
To be recovered, with costs, by action of debt, or in-
formation, in any court of record within this colony apd
dominion; and moreover shall be liable to an action for
damages, to the party grieved.
VI. And be it further enacted^ That before any In- in:,jjjc^^„j*
junction in chancery shall be granted, to stay proceed- i^owgntttedr
ings at law on any action, suit, or judgment whatsoever,
in any court of record in this colony, th^ party pray-
ing such judgment, if the court shall not be otherwise
satisfied with the matter of equity, shall make Oath,
before the court, or before some magistrate, of the
truth of the allegations of his injunction bill; which
affidavit shall be certified at the foot of the bill: And
he, she, or they, shall moreover enter into bond, with
one or more sufficient security or securities, in the
clerk's office, for satisfying and paying all such sum or
sums of money and tobacco, and costs, which shall be
then due, or shall become due, to the plaintiflT or plain-
tiffs, in the action, suit, or judgment, so to be stayed;
and also for the paimentof such costs as shall be awar-
ded against him^ her, or them, in case the injunction
shall be dissolved.
yil. And he it further enacted^ That no injunction
shall be granted from the general court, to stay the
proceedings of any suit, commenced in the county court,
unless the matter in dispute in the county court be of
value sufficient to admit of an iqipeal to the general
court.
CHAP. XII.
«4n Mt9 to establish and cat^irm the hmnds and title of
Lands, held in the town of Suffolk, in the anmty rf
J^nsemond.
L Tl^ HERE AS, by an act of the General Assem-
bly, made in the fifteenth year of his present
majesty^s reign, intituled, an act for erecting a town
at Constances warehouse, in the county of M\insemondf
it is enacted, that within eight months after the pas-
sing of the said act, fifty acres of land, parcel of a tract
of land belonging to Jethro Sumner, of the said coun-
G G— -Vol. 5.
240 LAWS OF VIRGINIA.
and litigious actions have been brought, as well in the
general court of this colonjy as in the several county
courts; and altho' small damages have been given,
yet) the battery being proved* the plaintiff* hath reco-
vered full costs: For prevention whereof,
assault ''• ^^^^ enactedf by the LuutenanUOoroemor^ Coun-
and battery ^ ^^ BurgesseSf of this present General Assembly ^ and
and slander, t< IS hereby enacted^ by the authority of the samCf That
when plain- fi-om and after the publication of this act, in all acti-
cover costT ^"® ^^ assault and battery, and slander, commenced
and prosecuted in the general court, if the jury find un-
der the sum of five pounds; and in the like actions
commenced and prosecuted in !;he county courts, if the
jury find under forty shillings, the plaintiff* in either
case, shall not recover any costs*
III, And be it further enactedf by the authority afore-
saidf That the said in part recited act, as to so much
thereof as relates to any thing within the purview of
this ace, be, and the same is hereby repealed, and made
.void.
IV. And whereas a practice has of late been intro-
duced, of taking Bonds, commonly called judgment
bonds, with condition, for the paiment of money, and
a grneral power to any attorney, to appear, and suflbr
judgment to pass against the obligor, in any court of
Record in this colony, in such manner as the attorney
thinks proper, tliereby ratifying the same, and releas-
ing all errors, either in the proceedings, or record of
the judgment; which practice must be attended with
ill consecjuences, debtors having no previous notice of
the time and place of rendring such judgments, where*
by they are deprived of an opportunity of making dis-
counts appear against the bond, and are first put to un-
necessary law charges, and then obliged to enter into
expensive Chancery Suits for relief: For remedy
whereof.
Power ofat-jji^V. Be it further enacted^ by the authority afore-^
torney to ^afrf. That from henceforth, all powers of attorney, fop
menu%w^ or suffering judgment to pass by default, or
otherwise, and general releases of error to be made or
given, by any person or persons whatsoever In tbiscolo.
ny, before action brought, shall be, and they are here-
by declared to be absolutely null and void; and if any
attorney shall presume to appear for a defendant under
such power, he shall, for every ofibnce, forfeit and pay
1
F^^
iSEPTEMBER 1744— 18th GEORGE II. 24i
ih^ Sam of five hundred pounds^ to such defendant:
To be recovered, with costs, by action of debt, or in-
formation, in any court of record within this colony apd
doinini«)n; and moreover shall be liable to an action for
damages, to the party grieved.
VI. And be it further enactedj That before any In- in-u„ction#
junction in chancery shall be granted, to stay proceed- howmntcd*
ings at law on any action, suit, or judgment whatsoever^
in any court of record in this colony, thp party pray-
ing such judgment, if the court shall not be otherwise
satisfied with the matter of equity, shall make Oath,
before the court, or before some magistrate, of the
truth of the allegations of his injunction bill; which
affidavit shall be certified at the foot of the bill: And
he, she, or they, shall moreover enter into bond, with
one or more sufficient security or securities, in the
clerk's office, for satisfying and paying ail such sum or
sums of money and tobacco, and costs, which shall be
then due, or shall become due, to the plaintiff or plain-
tiffs, in the action, suit, or judgment, so to be stayed j
and also for the paiment of such costs as shall be awar-
ded against him, her, or them, in case the injunction
shall be dissolved.
yil. Jind be it further enacted. That no injunction
dhall be granted from the general court, to stay the
prficeedings of any suit, commenced in the county coort^
unless the matter in dispute in the county court be of
-value sufficient to admit of an iq;>peol to the general
court.
CHAP. XII.
Jtn Actf to establish and catyirm the botinds and title of
Lands, held in the town of Suffolk, in the county ^
Mmsemend.
I. Tl^ HERE AS, by an act of the General Assem-
^ biy, made in the fifteenth year of his present
majesty's reign, intituled, an act for erecting a town
at Constances warehouse, in the county of Minsemond,
it is enacted, that within eight months after the pas-
sing of the said act» fifty acres of land, parcel of a tract
of land belonging to Jethro Sumner, of the said coun-
G G— -Vol. 5.
242 LAWS OF VIIRGNIA,
ty, gent lying and being at and near a place called
Constance's Warehouse, on tlie east side of JSanseinond
river, iri the county of Nansemond, where the public
warehouses are built, be laid out, from the river, be-
tween two creeks, or guts, one below tiie warehouse,
' and the other above by the surveyor of the said coun-
ty of Ifansemond, to include the warehouses aforesaid;
and the said fifty acres of land is thereby vested in
certain trustees, in the said act named, in trust, to be
laid out in lots and streets, and sold, and fur other-
purposes in the said act mentioned; the said town to
be called by the name of Suffolk: And tlie trustees
and directors were to pay unto the said Jethro Sum-
ner, out of the money arising by the sale of the said
lots, three pounds, for every acre of the said fifty aci-es
of land, except the lots therein mentioned to be laid off,
for the use of the said Sumner; and that all the over-
plus money, which should be raised by the sale of the
said lots,, should be applied to public uses, for the ben-^
efit of the inhabitants of the said town.
II. And whereas, after the passing of the said act,
JohnMilner,surveyorofthesaid county of Nansemondf
did survey and lay out the said fifty acres of land, for
tlie said town of Suffolk, according to the directions of
the said act; and divided the sa^ne into lots and streets^
and returned a plan thereof unto the said trustees, who
made sale of the said lots; and have paid unto the said
Jethro Sumner, three pounds for every acre of the said
fifty acres, vested in them, before the time mentioned
in the act aforesaid except the lots in that act except-
/ed«
in. And whereas it was the true intent and mean-
ing of the said act of Assembly, that the aforesaid three
pounds for each aci*e of the said fifty acres of land, as
aforesaid, to be paid by the trustees to the said Jethro
# Sumner, should be the full consideration for the abso-
lute fee simple estate of the said land, laid out for the
town of Suffolk, as aforesaid; yet now it doth appear
that the said Jethro Sumner was not seised of the fee
simple estate of the said fifty acres of land, at the
time of passing the act aforesaid: But that he
was only seised of a freehold estate, for life, of and in
one moiety or half part thereof, in right of his wir%
SEPTEMBER 1744— 18th GEORGE 11,
^^.
Margaret, as one or the two sisters and co-heirs of
Daniel Sullivan, jun. deceased, who was only son and
heir of Daniel Sullivan, late of the said county of Man- i
semond, also deceased; and was seised, with the said ^
Margaret his wife, of the other moiety or half part
thei*eof, by a conveyance, made unto the said Jethro ,
Snmncr and Margaret his wife, and their heirs and as- 1
signs, by Bridget Sumner, the other sister, and co-heir/
of the said Daniel Sullivan, jun. acknowledged andre-|
•corded in the county court of Nansemond aforesaid, tlicf
twenty second day of December, one thousand seven
hundred and thirty six: By means, whereof, divers
and sundry controversies and disputes subsist, and law
suits are likely to arise between the purchasers and
freeholders of the said town, and the trustees and di-
rectors thereof, concerning the titles of their several
pui*chases, in the said town of Suffolk: to the great dis-
couragement of trade and navigation therein. And
whereas Margaret, wife of the said Jethro, hath now
consented, that all her right, title, and interest, in the
aforesaid lands, shall be vested in the said trustees, for
the further consideration of one hundred pounds cur-
rent money of this colony: Therefore, for removing all
doubts and controvereies concerning the same,
IV. Be it enacted^ by tlie LieuienanUGorvemor, Couii'
dl^ and Burgesses of this present General Assembly ^ ^f*s"ff*nf*
and it is herdyy enacted by the authority of the same, established.
That the bounds of the said town of Suffolk, as the
same is laid off by the said John Milner, surveyor, ac-
cording to the said act of Assembly, be established
and held firm for ever; and that all and every person
or persons, who have already purchased, or who here-
after shall purchase, from the trustees of the said town
of Suffolk, any lot or lots therein, he or they, and his
or their heirs or assigns, respectively, shall, and may
for ever hereafter, peaceably and quietly, have, hold,
possess, and enjoy the same, according to the intent
and meaning of the aforesaid act of Assembly, freed
and diachargeil of and from all the right, title, estate,
claim, interest, and demand whatsoever, of the said
Jethro Sumner, and Margaret his wife, or either of
them, and their, or either of their heirs or assigns;
and of(all other person or persons whatsoever, claiming
under him, her, or them, or any of them,
244 LAWS OP VIRGINIA,
ProTinonfor V. Jind be it further enacted, by the authority a-
^«^l°f yorwoid. That the said Jethro Sumner, and his heirs
j^ro Bum gj^ij ^^ deemed and taken, and they are liereby declar-
ed to be and stand trustee or trustees, for and to the
liseof the said Margaret his wife, her heirs and assigns,
of such part of the consideration mtmey aforesaid, paid
by th0 trustees of the said town of Suflftdk, unto him in
proportion to her right in the land aforesaid.
VL And whereas the said trustees by virtue of the
liforesaid act of Assembly, sold and disposed of the
lots in the aforesaid town of Suffolk, for the sum of
two hundred and five pounds more than the consider-
ation mentioned to be paid to the said Jethro Sumner,
one hundred and five pounds of which, has been expen-
ded in building a wharf, and other public services, for
the benefit of the said town; and there 9tiil remains
one hundred pounds unappropriated:
yil. Be it therefore enacted, by the authority afore*
saidf That the said trustees, and their successors, in
trust, shall satisfy and pay unto the said Jethro Sum-
ner, his heirs or assigns, within six months from die
time of passing this act, the sum of one hundred pounds^
unappropriated as aforesaid: And moreover, that the
lots, laid off in the aforesaid town of Suffolk, and as-
signed unto the said Jethro Sumner, pursuant to the
dmrtions of the said act of Assembly, shall be vested
in the said Jethro Sumner, and Margaret his wife; and
they shall remain seised of the same estate, as they
had therein, before the making the act aforesaid. Any
thing in the said act to the contrary, or seeming to the
contrary, in any wise, notwithstanding.
CHAP. XIU.
ftffi ^et, to amend an Jict^ intituled, An Act, for set-
Uing some doubts and differences of opinion, tn rela-
tion to the benefit of Clergy; for aUowing the same to
Women, and taking; away of Reading; and to disa-
ble certain persons therein mentioned to be Witnesses*
h 'WWTBEREAS, by the act of Assembly, made in
TV thefifth and sixth years of the reign of his pre-
sent majesty, intituled, an act for settling some doubts
and differences of opinion, in relation to the benefit of
SEPTEMBER 1744— 18th GEORGE IL 345
filergy^ for aUawiiig the same to women, and taking a-
way of reading; and to disable certain persons tliercin
m^itwned to he witnesses, it is, amongst other things en-
actedy that no negro, mulatto, or Indian, either a slave
or free, shall thereafter5 be admitted, in any coui*t of
this colony, to be sworn as a witness, or give evidence
in any cause whatsoever, except npon the trial of a
slgve for a capital offence: And. whereas many free
negros, Indians, and muiattoes, avoid the paiment of
their just debts, by reason of other free negros, mu-
iattoes, and Indians, not being admitted as witnesses,
and suffered to give evidence in civil causes; to the
great loss and prejudice of honest creditors:
II. Be it therefore enacted, ty the Lieutenant-Govern-
or 9 CtiuncU, and Burgesses, of this present General Js- g^es,^mu-
seMly, and it is hereby enacted by the auihmity of fAef&ttoes, and
same. That from and after the passing of this act, any Indians,
free negro, mulatto, or Indian, being a christian, shall ^^^^ ^^*^'
be admitted, in any court of this colony, or before any
justice of peace, to be sworn as a witness, and give e-
vidence, for or against any other negro, mulatto, or
Indian, whether slave or free, in all causes whatsoever,
as well civil as criminal* Any law, custom, or usage,
to the contrary, in any wise, notwithstanding.
CHAP- XIV.
jfn Act, for amending the Act, cntitided. An Act, for set-
tling the titles and bounds of Lands; and for pre-
venting unlawful sIu)oting and ranging thereupon.
I. "W^HTTHEREAS, by one act of Assembly, made in
Yv tlie ninth year of the late queen Anne, intitu-
led, an act, for settling the titles aiid bounds of lands;
and for preventing unlawful shooting and ranging there-
upon, it is, amongst other things enacted, that if the
owner of any lands shall refuse to suffer his lands to
be processioned, pursuant to the directions of the said
act; that then, and in such case, the two freeholders,
appointed to procession the same, shall, within ten days
after such refusal, certify the same, under their hands,
to the churchwardens of the parish wherein the said
lands shall lie, who shall carry the said certificate to*
the next sitting of the court from which the order, for
246 LAWS OF VIRGINIA.
processioning the said lands, did issue; wliicli said court
shall order the surveyor of their county, with ajury,
to lay out and procession the lands of the person re-
fusing to suffer his lands to he processioned, at the
charge of the person so refusing: And whereas, fre-
quent disputes do arise, between persons whose lands
lie contiguous, concerning their respective bounds, up-
on which, the procession is stopped; and in every such
ease, the freeholders, appointed to procession the same,
do return a certificate only of one person's refusal, at
whose expence, the courts, to which such cei*tificates
have been returned, from a misconstruction of the said
act, have ordered tlie surveyor of their county, with a
jury,tolay outand procession sucli controverted bounds;
^ although it is very reasonable that tlie expence should
be bom by the person against whom the bounds^ so in
dispute, shall be determined: Therefore,
II, Be it enactedf by the Lieutenant OovemoVf Coun-
boSnd!r1)f ^*'' ^""^ BurgesseSf of this present General Jlssemhlyf
lancU at «»d it is hereffy enacted^ by the authority of tlie same^
whose costs That when any controversy shall hereafter liappcn,
*^beiwdout.jjg|;^een persons whose lands lie contiguous, about
their respective bounds, the freeholders, appointed to
procession the same, shall return a certificate thereof^
in tlie manner directed by the said act; and the court
of the county, to which such certificate shall be return-
ed, shall order their surveyor, with a jury, to lay out
the bounds so in dispute, at the charge of the person a-
gainst whom the right, to such bounds, shall be deter-
mined.
CHAP. XV.
Jin dctf for continuing the Act intituled^ an Adt^ for
the better regelating and collecting certain officers fees;
and other purposes therein mentioned.
I. "lan^HEREAS the act made in the twelfth year of
Tf the reign of his present majesty, intituled, an
ad f for the better regulating and collecting certain officers
fees; and other purposes therein tnentionedf will expire
at the end of the present session of Assembly; and it
is necessary the same should be continued:
i
'Affl^J '
SEPTEMBER 1744— 18th GEOR&E H. 247
II. Eieit therefore eiuicted by the Lieuteiiant'CUwem' 'Former ikcta
or, Council, and Burgesses, of this present General ds- ^J|^® ^^^'
sembly, and it is hereby enacied by the authority of the ^ '
same. That the said act shall continue, and be in
force, from an<! after the expiration thereof, for and
during the term of three years and no longer.
CHAP. XVI.
dn Act, for continuing and amending the Ad, for pre-
venting losses from drivers, passing with cattle
through this colony^ and for laying a duty on horses.
I. VW/HEREAS tlie act of Assembly, made in the
WW fifteenth year of the reign, of his present ma-
jesty, intituled, an act for preventing losses from drt-
vers, passing with cattle through this colony; and for
laying a duty on horses imported, hath been found by
experience, to be of great ^vantage to the inhabitants
of this colony:
II. Be it therefore enacted, by the Lieutenant Gover-
nor, Council, and Burgesses, of this present General A$- J^^nu^
semUy, and it is hereby enacied by the authority of tke
same. That the said act of Assembly shall continue and
be inforred from and after the expiration thereof, for
and during the term of four years, from thence next
following, and no longer.
III. And whereas the crime and offence of stealing
of horses is, of late years much increased, especially
in the frontier counties of this colony; to the great
detriment and loss of many of his majesty's good sub-
jects, occasioned for want of due prosecution and pun-
ishment of offenders therein; and for want of encour-
agement to such persons as shall vigorously endeavour
the appt*ehending of such malefactors: For preven-
ting whereof,
IV. Be it further enacted, by the authority aforesaid, ^e^^^ ^^
That from and after the first day of November next, apprehend-
all and every person and persons, who shall apprehend ing horn
and take any person, guilty of the stealing of an horse, *t®*l^"-
and shall prosecute him, her, or them, so apprehended «*
and taken, until he, she, or they, be convicted thereof;
such apprehenders or takers, for his, her, or their re-
ward^ shall have and receive the sum of ten pounds^
248 '-AWS OF VIRGINIA,
within two months alter such conviction; to be paia
by tlie treasurer of this colony for the time being, hc^
she, or they, tendering to tlie said treasurer, under the
liand of the clerk of the general court, or court of oyer
and terminer, a certificate of the conviction of such
felon or felons, for the said offence, and in what parish
the same was committed; and also that sucli felon or
felons, was or were taken, by the person or persons
( laiming the said reward: And in case any dispute
sliall arise, between the parties so apprehending the
said felons, touching the right and title to the said re-
ward, that then the judges of the general court or court
of oyer and terminer, before whom the felon or felons
shall be convicted, respectively, shall in and by the
said certificate, direct and appoint the said reward to
be paid, to and amongst the parties claiming the same,
in such shares and proportions, as to the said judg-
es shall seem reasonable. And in case any person or
If killed ex- persons shall happen to be killed, by any such horse*
to*recei^^ stealer or horse-stealers, endeavouring to apprehend,
reward. <>!' making pursuit after him or tliero; that then the
executors or administrators, or such person or persons
to whom the right of the administration of the person-
al estate of sucli person so killed, shall belong, upon
certificate delivered, under the hands and seals of two
justices of the peace, of the county where the fact was
committed, of such |)erson's being so killed, (which cer-
tificate the said justices upon sufficient proof before
them made, are required immediately to give,) shall
receive the sum of fifty pounds; to be paid by the said
treasurer.
V. And forasmuch as the said felons are much en-
couraged to steal horses, because a great number of
persons make a trade to receive and buy of tlie said
felons, the horses so by them feloniously taken; and
also do make it their business to conceal the said offen-
ders after the said facts, knowing the said felonies to
be by them committed:
ftolei'^Ww''^ yi. Beit therefore enacted, by the authority afore-
8C8.^" ^^ ^^^^9 That if any person or persons shall receive or
buy any horse, that shall be feloniously taken or stolen
from any other person, knowing the same to be stolen;
or shall receive, harbour, or conceal any liorse-stealer,
knowing him to be so, shall be taken and received as
accessary or accessaries to the said felony; and being
^ fHViU
SEPTEMBER 1744— 18th GEORGE II, 249
of either of the said offences legally convicted^ by thd
testimony of one or more credible witnesses, shall suf-
fer and incur the pains of death, as a felon convict.
VII. Proroided always^ That if any such Principal ^^^^^^^^^
felon cannot be taken, so as to be prosecuted and con- when pun-^
victed of any such offence; yet, nevertheless, it shall ishable.
and may be lawful, to prosecute and punish every such
person and persons buying or receiving any horses,
stolen by any ^uch principal felon, knowing the same
to be stolen, as for a misdemeanor; to be punished by
fine and imprisonment, or other such corporal punish^
ment, as the court shall tliink fit to inflict, although
the principal felon be not before convict of the said fe-
lony; which shall exempt the offender from being pun-
ished as accessary, if such principal felon shall be af-
terwards taken and convicted.
CHAP. XVIL
win Act, for continuing the Act, for altering the method
of trial of certain criminaU therein mentioned.
I. YV HERF:AS the act of Assembly, made in the
TV twelfth year of the reign of his present majes-
ty, intituled, an act, for altering the method of trial of /
certain criminals therein mentioned, will expire at the
end of thip present session of Assembly; and it being
necessary and expedient, that the same should be fur-
ther continued,
• II. Be if therefore enacted, by the Lieutenant'O&oem* AcifattntA
or. Council, and Burgases, of this present General ^«- of cnminal*
9tmbly, and it is hereby enacted, by the authority ofthe^^^^^^
same. That the said recited act shall continue and be
in force, from and after the expiration thereof, for and
during the term of seven years, from thence next fol-
lowing and no longer.
CHAP. XVIIL
An Acti, for appointing several new Ferried.
I. ■> E it enacted, by the Lieutenant Goroemor, Conn- penie* e8ti»
IB dl, and Burgesses, of this present Oeneral As- bli«hcd«
sembly, and it ts her Ay enacted by the authority of the
H h— Vol. 5.
-^50 LAWS OF Virginia,
samtf That public ferries be constantly kept, at tlie
places herein after named: and that the rates for pas-
sing the Raid ferries, be as follows, to wit,
From Charles Ly ncli's pLintation, in Goochland coun*
ty, on the Northanna, across the said river, to the land
of the said Charles Lynch, the price for a man, three
pence, and for a horse, three pence.
From the land of Mr. Benjamin Cocke, in the mi
county, across the said river, to the land of the said
Benjamin Cocke, the price for a man, three pence, and
fur a horse, three pence.
From the land of Asbfard Hughes, on the north side
of James river, near the mouth of Willis's creek, in
the said county, across the said river, to the land of
Riibei*t Carter; and from the said Robert Carter's, te
the said Ashford Hughes's, the price for a man, three
pence, and for a horse, three pence.
On Rappahannoc k, fr«>m the lot of Joseph Morton,
in Leeds town, over the river, to the land of Mrs. Sa-
rah Brooke, the price for a man, eight pence, and for .
a horse, eight pence.
From Jesse Ball's plantation, in Lancaster county,
known by the name of Fox*s old plantation, across the
river, to a plantation of Mr. Corbin, in Middlesex coun-
ty, known by the name of Weeks's, the price for a man,
one shilling and six pence, and for a horse, one shilling
and six pem^e.
On Patowmack river, from Evan Watkins's landing,
opposite to the moutli of Canagcichego creek, to Ed-
mund Wade's land, in Maryland, the price for a mair,
three pence« and for a horse, three pence.
From the lot of Lemuel Keddick, gent, adjoining to
the puhlic wharf, in Suffolk, across Nansemond river,
to Samuol Jourdan's land, opposite thereto, the price
for a m<in, four pence, and for a horse, four pence.
II. And the courts <if the several counties, wherefa
Bates. gii^ii ferries shall be kept, shall have power to appoiat
proper boats to be kept at the said ferries, for the con-
venirnt transportation of coaches, waggons, and other
wheel carriages* that when any such boats shall be so
Provided and kept, it shall and may be lawful for tbe
et pers of such ferries, to demand and take, for the
ferriage of such wheel carriages, the following rates, te
wit. f »r every coach, chariot or waggon, and the dri-
ver thereof, the same as for the carriage of six horses;
-^TT
SEPTEMBER 1744— 18th GEORGE IL 2Si
And for every cart, or four wheel chaise, and the <lri-
▼er of such chaise, the same as for the ferriage of four
borses: And for every two wheeled chair or chaise,
the same aa for the ferriage of two horses; according
to the rates herein before settled at such ferries, res-
pertivelj^, and no more. And that the licences for
keeping the said ferries, shall be obtained in the same
manner, and the kee|>ers thei<euf have such exemp-
tions and advantages, and bo under the like regulations
and restrictions, as isandai'C by law provided, for and
in respect of the keepers of public ferries, heretofore
settled and appointed.
CHAP. XIX.
Jin Jietf to impawer the Vestry of the parish of Strat-
Um Major, in the county of King and IJueeit, to sell
the gMe of the said parish; and to purchase a more
amvement glebe, in lieu thereof
I. "VVTHERE AS, the glebe of the parish of Stratton- y^^^ ^
T ▼ Major,1n thecounty of Ring and Queen, is not stratton ito-
a good and sufficient glebe, within the meaning of the jor in King
act of Assembly, for the better support and maintenance ^Ut^^jJI^
of the clergy of this dominion; and, of late years, to seU glebe.
hath been of little advantage to the minister of the said
parish:
li. Be it therefore enacted, by the lieutenant Qovem*
4»r, Council and Burgesses of this present General ds-
semMy, and it is hereby enactedf by the authority of the
same. That the said (:itlebe Lanil, belonging to the
said parish of Stratton- Major, containing about one
hundred and seventy acres, be, and is hereby vested in
the present vestry of the said parish, and the vestry of
the said parish for the time being, in trust: Never-
tiieiess, that the said vestry, or the greater part of them,
shall, by deed of bargain and sale, indented, and duly
recorded, convey the said glebe, with the appurtenan-
ces, for a valuable consideration of money, bona fide
received, to such person or persons, as shall be willing
to purchase the same; to hold to such purchaser or
purchaaerSf or his or their heirs or assigns, forever*
240 LAWS OF VIRGINIA.
and litigious actions have been brought, as well in the
general court of this colony* as in the several county
courts^ and altho' small damages have been given,
yet, the battery being proved, the plaintiff hath reco-
vered full costs: For prevention wherenf,
. IL Be it enactedf by the LUuUnanUOovernor^ (joun-
and battery ^ ^^ BurgesseSt of this present General Assembly, and
and slander,!^ is hereby enacted, by the authority of the same. That
when plain- f|.om and after the publication of this act, in all arti-
c^er cwtr^"^ of assault and battery, and slander, commenced
and prosecuted in the general court, if the jury find un-
der the sum of five pounds; and in the like actions
commenced and prosecuted in che county courts, if the
jury find under forty shillings, the plaintiff in either
case, shall not recover any costs.
III. Jind be it further enacted, by the authority afore-
said. That the said in part recited act, as to so much
thereof as relates to any thing within the purview of
this act, be, and the same is hei'eby repealed, and made
.void.
IV. And whereas a practice has of late been intro-
duced, of taking Bonds, commonly called judgment
bonds, with condition, for the paiment of money, and
a general power to any attorney, to appear, and suffer
judgment to pass against the obligor, in any court of
ilecord in this colony, in such manner as the attorney
thinks proper, thereby ratifying the same, and releas-
ing all errors, either in the proceedings, or record of
the judgment; which practice must be attended with
ill conse<iuences, debtors having no previous notice of
the time and place of rendringsuch judgments, where*
by they are deprived of an opportunity of making dis-
counts appear against the bond, and are first put to un-
necessary law charges, and then obliged to enter into
expensive Chancery Suits for relief: For remedy
whereof.
Power ofat-^,V. Be it further enacted, by the avihority afore-
torney to said. That from henceforth, all powers of attorney, for
nSTnuVo^d ^^" or suffering judgment to pass by default, or
otherwise, and general releases of error to be made or
given, by any person or persons whatsoever in tbtscolo.
ny, before action brought, shall be, and they are here-
by declared to be absolutely null and void; and if anj
attorney shall presume to appear for a defendant under
such power, he shall, for every oSbnce, forfeit and paj
SEPTEMBER 1744— 18th GEORGE II. 24i
ih.e sam of five hundred pounds, to such defendant:
To be recovered) with costs, by action of debt, or in-*
formationf in any court of record within this colony apd
dominion; and moreover shall be liable to an action for
damages, to the party j^rieved.
VI. Jind be it further enacted. That before any In- ini^nctioni,
junction in chancery shall be granted, to stay proceed- hovgraat^
ings at law on any action, suit, or judgment whatsoever^
in any court of record in this colony, thp party pray-
ing such judgment, if the court shall not be otherwise
satisfied with the matter of equity, shall make Oath^
beftire the court, or before some magistrate, of the
trutli of the allegations of his injunction bill; which
affidavit shall be certified at the foot of the bill: And
he, she, or they, shall moreover enter into bond, with
one or more sufficient security or securities, in the
clerk's office, for satisfying and paying all such sum or
sums of money and tobacco, and costs, which shall be
then due, or shall become due, to the plaintiff or plain-
tiffs, in the action, suit, or judgment, so to be stayed;
and also for the paiment of such costs as shall be awar-
ded against him, her, or them, in case the injunction
shall be dissolved*
yil. Md be it Jurther enacted^ That no injunction
shall be granted from the general court, to stay the
proceedings of any suit, commenced in the county courts
unless the matter in dispute in the county court be of
Talue sufficient to admit of an appeal to the general
court.
CHAP. XII.
Jn Act, to establish and cat^rm the bmnds and title of
Lands, hdd in the town of Suffolk, in the county of
MUnsemond.
I. TIT HERE AS, by an act of the General Assem-
* bly, made in the fifteenth year of his present
majesty's reign, intituled, an ad for erecting a town
at Ckmstanc^s warehouse, %n the county of Minsemondf
it is enacted, that within eight m<mths after the pas-
sing of the said act> fifty acres of land, parcel of a tract
of land belonging to Jethro Sumner, of the said coun-
G G— Vol. 5.
242 LAWS OF VIIRGNIA^
ty, gent, lying and being at and near a place calletl
Constance's Warehouse, on Uie east side of Manseinoiid
river, in the county of Nansemond, where the pub lie
warehouses are built, be laid out, from the river, be-
tween two creeks, or guts, one below the warehouse,
' and the other above by the surveyor of the said coun-
ty of ITansemond, to include tlie warehouses aforesaid^
and the said fifty acres of land is thereby vested in
certain trustees, in the said act named, in trust, to be
laid out in lots and streets, and sold, and for othei*.
purposes in the said act noentioned; the said town to
be called by the name of Suffolk: And the trustees
and directors were to pay unto the said Jethro Sum-
ner, out of the money arising by the sale of the said
lots, three pounds, for every acre of the said fifty acres
of land, except the lots therein mentioned to be laid oSV
for the use of the said Sumner; and that all the over-
^ plus money, which should be raised by the sale of the
said lots,, should be applied to public uses, for the ben-'
efit of the inhabitants of the said town.
IL And whereas, after the passing of the said act,
John Milner, surveyor of the said county of Nansemond,
did survey and lay out the said fifty acres of land, for
the said town of Suffolk, according to the directions of
the said act; and divided the safne into lots and streets,
and returned a plan thereof unto the said trustees, who
made sale of the said lots; and have paid unto the said
Jethro Sumner, three pounds for every acre of the said
fifty acres, vested in them, before the time mentioned
in the act aforesaid except the lots in that act except-
/ed.
IIL And whereas it was the true intent and mean«
ing of the said act of Assembly, that the aforesaid three
pounds for each aci*e of the said fifty acres of land, as
aforesaid, to be paid by the trustees to the said Jethro
# Sumner, should be the full consideration for the abso-
lute fee simple estate of the said land, laid out for tlie
town of Suffolk, as aforesaid; yet now it doth appear
that tlie said Jethro Sumner was not seised of the fee
simple estate of the said fifty acres of land, at the
time of passing the act aforesaid: But that he
was only seised of a freehold estate, for life, of and in
one moiety or half part thereof, in right of his wlf%
SEPTEMBER 1744— 18tli GEORUE IL
2^4.
Margaret, as one of the two sisters and co-heirs of
Daniel Sullivan, jnn. deceased, who was only son and
heir of Daniel Sullivan, late of the said county of Man-
semond, also deceased; and was seised, with the said
Margaret his wife, of the other moiety or half part
thereof, by a conveyance, made unto the said Jethro
Sumner and Margaret his wife, and their heirs and as-
signs, by Bridget Sumner, the other sister, and co-heir/
of the said Daniel Sullivan, J un. acknowledged andre«|
* corded in the county court of Nansemond aforesaid, the/
twenty second day of December, one thousand seven
hundred and thirty six: By means whereof, divers
and sundry controversies and disputes subsist, and law
suits are likely to arise between the purchasers and
f j'eeliolders of the said town, and tlie trustees and di-
rectors thereof, concerning tlie titles of their several
purchases, in the said town of Suffolk: to the great dis-
couragement of trade and navigation therein. And
whereas Margaret, wife of the said Jethro, hath now
consented, that all her right, title, and interest, in the
aforesaid lands, shall be vested in the said trustees, for
the further consideration of one hundred pounds cur-
rent money of this colony: Therefore, for removing all
doubts and controversies concerning the same,
IV. Be it enacted f by the Lie^itenant- Governor ^ Coun*
cUy and Burgesses of this present General Assembly, ^c^^^
and it is herSfy enacted by the authority of the same, estabuSiei.
That the bounds of the said town of Suffolk, as the
same is laid off* by the said John Milner, surveyor, ac-
cording to the said act of Assembly, be established
and held firm for ever; and that all and every person
or persons, who have already purchased, or who here-
after shall purchase, from the trustees of the said town
of Suffolk, any lot or lots therein, he or they, and his
or their heirs or assigns, respectively, shall, and may
for ever hereafter, peaceably and quietly, have, hold,
possess, and enjoy the same, according to the intent
and meaning of the aforesaid art of Assembly, freed
and discharged of and from all the right, title, estate,
claim, interest, and demand whatsoever, of the said
Jethro Sumner, and Margaret his wife, or either of
them, and their, or either uf their heirs or assigns;
and of(all other person or persons whatsoever, claiming
under him, her, or them, or any of them,
244 LAWS OP VIRGINIA,
ProTinonfor V. JInd be it further enacted, by the authority ar
t^a^sZLj/^^^*^' That the said Jcthro Sumner, and his heirs
j^io Bum gi^^ij ^^ deemed and taken, and they are hereby declar-
ed to be and stand trustee or trustees, for and to the
liseof the said Margaret his wife, her heirs and assigns,
of such part of the consideration money aforesaid, paid
by th0 trustees of the said town of Sufftdk, unto him in
proportion to her right in the land aforesaid.
YL And whereas the said trustees by virtue of the
liforesaid act of Assembly, sold and disposed of the
lots in the aforesaid town of Suffolk, for the sum of
two hundred and five pounds more than the consider-
ation mentioned to be paid to the said Jethro Sumner,
one hundred and five pounds of which, has been expen-
ded in building a wharf, and other public services, for
the benefit of the said town^ and there still remaina
one hundred pounds unappropriated:
VII. Be it there^re enacted, by the OMthoriiy afore*
saidf That the said trustees, and their successors, in
trust, shall satisfy and pay unto the said Jethro Sum-
ner, his heirs or assigns, within six months from the
time of passing this act, the sum of one hundred pounite»
unappropriated as aforesaid: And moreover, that the
lots, laid off in the aforesaid town of Suffolk, and as-
signed unto the said Jethro Sumner, pursuant to the
directions of the said act of Assembly, shall be vested
in the said Jethro Sumner, and Margaret his wife; and
they shall remain seised of the same estate, as they
had therein, before the making the act aforesaid. Any
thing in the said act to the contrary, or seeming to the
contrary, in any wise, notwithstanding.
CHAP. XIII.
ftffi Act, to amend an Act^ intitvled, An Act, for set-
Uing some doubts and differences of opinion, in rela-
iion to the benefit of Clergy; for allowing the same to
Women, and taking away of Reading; and to disa-
ble certain persons therein mentioned to be ¥Fitnesses.
L "^anKTHEREAS, by tlie act of Assembly, made In
TV thefiftt) and sixth years of the reign of his pre-
sent m^esty, intituled, an act for settling some doubts
and differences of opinion, in relation to the benefit of
SEPTEMBER 1744— 18tli GEORGE IL ^45
idergy; for aUawiiig the same to women, and taking a-
way of reading; and to disable certain persons therein
mentimed to he witnesses, it is, amongst other things en-
acted, that no negro, mulatto, or Indian, cither a slave
or free, shall thereafter, be admitted, in any court of
this colony, to be sworn as a witness, or give evidence
in any cause whatsoever, except upon the trial of a
slave for a capital offence: And. whereas many free
negros, Indians, and muiattoes, avoid the paiment of
their just debts, by reason of other free negros, mu-
iattoes, and Indians, not being admitted as witnesses,
and suffered to give evidence in civil causes; to the
great loss and prejudice of honest creditors:
II. Be it therifore enacted, hy the Lieutenant-Govern-
or, CtmneU, and Burgesses, of this present General Js- g^es,"mu^
seinbly, and it is hereby enacted by tlie auihm^ity of fAefattoes, and
same. That from and after the passing of this act, any Indians,
free negro, mulatto, or Indian, being a christian, shall ^'^^"^^^'^'
be admitted, in any court of this colony, or before any
justice of peace, to be sworn as a witness, and give e-
vidcnce, for or against any other negro, mulatto, or
Indian, whether slave or free, in all causes whatsoever,
as well civil as criminal* Any law, custom, or usage,
to the contrary, in any wise, notwithstanding.
CHAP- XIV,
Jin Ad, for amending the Act, cntituled. An Act, for set-
tling the titles and bounds of Lands; and Jor pre-
venting unlawful sIu)oting and ranging thereupon.
\. "W^HTTHERE AS, by one act of Assembly, made in
▼ V tlie ninth year of the late queen Anne, intitu-
led, an act, for settling the titles aiid bounds of lands;
and for preventing unlawful shooting and ranging there-
upon^ it is, amongst other things enacted, that if the
owner of any lands shall refuse to suffer his lands to
be processioned, pursuant to the directions of the said
act; that then, and in such case, the two freeholders,
appointed to procession the same, shall, within ten days
after such refusal, certify the same, under tlieir hands,
to the churchwardens of the parish wherein the said
lands shall lie, who shall carry the said certificate to-
the next sitting of the court from which the order, for
346 1-AWS OF VIRGINIA.
processioning the said lands, did issue; which said court
shall order the surveyor of their county, with a jury,
to lay out and procession the lands of the person re-
fusing to suffer his lands to he processioned, at the
charge of the person so refusing: And whereas, fre-
quent disputes do arise, between persons whose lands
lie contiguous, concerning their respective bounds, up-
on which, the procession is stopped; and in every such
ease, the freeholders, appointed to procession the same,
do return a certificate only of one person's refusal, at
whose expence, the courts, to which such certificates
have been returned, from a misconstruction of the said
act, have ordered the surveyor of their county, with a
jury,tolayoutand procession such controverted bounds;
"* although it is very reasonable that tlie expence should
be born by the person against whom the bounds, so in
dispute, shall be determined: Therefore,
II. Be it enactedf by the Lieutenant OovemoVf Coun-
bo!mds^1)f ^*'' ^'^ Burgesses^ of this present General Jlssembljff
lands at «»d it is hereby enacted^ by the authority of the same,
whose costs That when any controversy shall hereafter happen,
tDbelaidout.5^l;^een persons whose lands lie contiguous, about
their respective bounds, the freeholders, appointed to
procession the same, shall return a certificate thereof,
in the manner directed by the said act; and the court
of the county, to which such certificate shall be return-
ed, shall order their surveyor, with a jury, to lay out
the bounds so in dispute, at the charge of the person a-
gainst whom the right, to such bounds, shall be deter-
mined.
CHAP. XV.
^n Actf for continuing the Ad intituUd, an Ad^ for
the better regulating and collecting certain officers fees;
and other purposes therein menfUmed*
I. "ian|THEREAS the act made in the twelfth year of
▼ f the reign of his present majesty, intituled, an
adffor the better regulating and collecting certain officers
fees; and other purposes therein mentioned, will expire
at the end of the present session of Assembly; and it
IS necessary th<e same should be continued:
SEPTEMBER 17^4— 18th GEOR&E H. 247
II. Be it therefore enacted by the Lieutenant-Gcroem-'PoTmeT ^ta
or, CoujtcU, ana BurgesseSf of this present General As- ^^J^* ^^^'
sembly, and it is hereby enacted by the authority of the ^^ '
samef That the said act shall continue, and be in
force, from and after the expiration thereof, for and
during the term of three years and no longer.
CHAP. XVI.
Jin Ad^ for continuing and amending the Act^ for pre-
venting losses from drivers, passing with cattle
through this colony; and for laying a duty on horses.
I. Vl/ HERE AS tlie act of Assembly, made in the
wT fifteenth year of the reign, of his present ma-
jesty, intituled, an act for preventing losses from dn-
versy passing with cattle through this colony; and for
laying a duty on horses imported, hath been found by
experience, to be of great ^vantage to the inhabitants
of this colony:
II. Be it therefore enacted, by the Lieutenant Chreer-
nor. Council, and Burgesses, of this present General Js- J^™nu^
semhly, and it is hereby enacted by the authority of the
sanu. That the said act of Assembly shall continue and
be inferred from and after the expiration thereof, for
and during the term of four years, from thence next
following^ and no longer.
III. And whereas the crime and offence of stealing
of horses is, of late years much increased, especially
in the frontier counties of this colony; to the great
detriment and loss of many of his majesty's good sub-
jects, occasioned for want of due prosecution and pun-
ishment of offenders therein; and for want of encour-
agement to such persons as shall vigorously endeavour
the apprehending of such malefactors: For preven-
ting whereof,
IV. Be it further enacted, by the authority aforesaid, Reward for
That from and after the first day of November next, apprehend-
all and every person and persons, who shall apprehend ing hors^
and take any person, guilty of the stealing of an horse, *^«*lc"-
and shall prosecute him, her, or them, so apprehended ^
and taken, until he, she, or they, be convicted thereof;
such apprehenders or takers, for bis, her, or their re-
ward^ shall have and receive the sum of ten pounds^
248 '-AWS OF VIRGINIA,
witlun two months after such conviction; to be paic^
by the treasurer of this colony for the time being, he,
she, or they, tendering to the said treasurer, under the
hand of the clerk of the general court, or court of oyer
and terminer, a certificate of the conviction of suck
felon or felons, for the said offence, and in what parish
the same was committed; and also that such felon or
felons, was or were taken, by the person or i>ersons
claiming the said reward: And in case any dispute
shall arise, between the parties so apprehending the
said felons, touching the right and title to the said re*
ward, that then the judges of the general court or court
of oyer and terminer, before whom the felon or felons
shall be convicted, respectively, shall in and by the
said certificate, direct and appoint the said reward to
be paid, to and amongst the parties claiming the same,
in such shares and proportions, as to the said judg-
es shall se<^m reasonable. And in case any person or
If kiDedex- persons shall happen to be killed, by any such horse-
to*recei^*^ Stealer or horse-stealers, endeavouring to apprehend,
reward. o^* making pursuit after him or them; that then the
executors or administrators, or such person or persons
to whom the right of the administration of the ]>erson-
al estate of such person so killed, shall belong, upon
certificate delivered, under the hands and seals of two
justices of the peace, of the county where the fact was
committed, of such i>erson*s being so killed, (which cer-
tificate the said justices upon sufficient proof before
them made, are required immediately to give,) shall
receive the sum of fifty pounds; to be paid by the said
treasurer.
y. And forasmuch as the said felons are much en-
couraged to steal horses, because a great number of
persons make a trade to receive and buy of the said
felons, the horses so by them feloniously taken; and
also do make it their business to conceal the said offen-
ders after the said facts, knowing the said felonies to
be by them committed:
^£''£^1-''^ yi. Beit therefore enacted, by the authority afore-
3^g saidf That if any person or persons shall receive or
buy any horse, that shall be feloniously taken or stolen
from any other person, knowing the same to be stolen;
or shall receive, harbour, or conceal any horse-stealer,
knowing him to be so, shall be taken and received as
accessary or accessaries to the said felony; and being
SEPTEMBER 1744— 18th GEORGE II, 249
of either of the said oflfencea le^llj convicted, by thcJ
testimony of one or more credible witaesseSf shall suf-
fer and incur the pains ef death, as a felon convict.
VII. Proroidtd always^ That if any such principal xccesaarie^
felon cannot be taken, so as to be prosecuted and ccm- ^heu puivi
Ticted of any such offence; yet, nevertheless, it shall ishable.
and may be lawful, to prosecute and punish every such
person and persons buying or receivinf; any horses,
stolen by any such principal felon, knowing the same
to be stolen, as Ur a misdemeanor; to be punished by
fine and imprisonment, or other such corporal punish-^
ment, as the court shall think fit to inflict, although
the principal felon be not before convict of the said fe-
lony; which shall exempt the offender from being pun-
ished as accessary, if such principal felon shall be af-
terwards taken and convicted.
CHAP. XVII*
^n Jidf far continving the AcU for alt&ring the method
of trial of certain criminals therein mentioned.
I. YV HEKKAS the act of Assembly, made in the
TV twelfth year of the reign of his present majes-
ty, intituled, an act, for altering the method of trial of y
certain criminals therein mentioned, will expire at the
end of thip present session of Assembly; and it being
ne^cessary and expedient, that the same should be fur-
ther continued,
• II. Beit therefore enacted, by the Lieutenant- 6&oem* Ad fotintl
or 9 Council, ana Burgesses, of this present General M- of criminaUi
sembly, and it is hereby enacted, by the authority ofthe^^^^^"^
same. That the said recited act shall continue and be
in force, from and after the expiration thereof, for and
during the term of seven years, from thence next foi-
lowing and no longer.
CHAP. XVIU.
Jin Jict, for appointing sevetal new Ferries.
I.
BE it enacted, by the Lieutenant Chroemor, Cmn- perriet etup^
dl, and Burgesses, of this present General As- blishccU
sembly, and it is hereby enacted by the authority of the
H h— Vol. 5.
260 I-AWS OP VIRGINIA,
Detti!i|en thence to the mouth of Bttll-Lick run, opposite to Ja-
J^»"»' cob Smith'8, in Fairfax county: And all that part of
the said parish, scituato below the said line, to be erec*-
ted into one distinct parish, and called by the name of
Dettingen, and all that otlier part thereof, scituate
above the said line, to be erected into one other distinct
parish, and retain the name of Hamilton.
111. And for electing; of vestrymen in the said pa-
fishes of Hamilton and Dettingen, the freeholders and
house-keepers thereof shall meet, at some convenient
time and place, to be appointed, and publickly adverti-
sed, by thesheriflTof the said county of Prince William,
before the twenty fifth day of May, next following, and
then and there elect twelve of the most able and discreet
persons of their parishes, to be ve-strymen in each of
the said parishes; which vestrymen so elected, having
taken the oaths apjiointed by law, and subscribed to be
conformable to the doctrine and discipline of the churrh
of JBnglftnd, shall, to all intents and purposes, be deem-
ed anq taken to be vestries of the said parishes respec-
tively. And the vestries of the said parishes respec-
tively, are hereby impowered, and made capable to
take, receive; and hold any lands, tenements, or here-
ditaments, to be purchased or given for a glebe or
glebes, for the use of the ministers of the said parish-
es, for the time being, for ever.
lY. Prcroided alwaySf That nothing herein contain-
ed, shall be construed to hinder the collector of the said
. parish of Hamilton, as the same now stands entire and
undivided, from collecting or making distress for any
parish levies, which shall remain unpaid by the inha-
bitants of the said parish of Hamilton, at the time of
its taking place; but such collector shall have the same
power to collect and distrain for the sdd levies, and
shall be answerable for them, in the same manner, as
if this act had never been made. Any law, custom,
or usage, to the contrary thereof, in any wise, notwith-
standing.
V. And whereas the glebe of the said parish of Ha-
milton, as it now stands," will be very inconvenient to
either of the said parishes of Dettingen and Hamilton,
after the said division; and it will be reasonable and
just that the same should be sold, and the money ari-
sing by such sale, be equally paid and divided b^^weep
the said two parishes of Dettingen and Hamilton^ tp b^
SEPTEMBER 1744— I8th GEORGE 11. 261
applied towards the purchase of glebes^ more convene
enl to eadi:
VI. Be it therefore further enacted^ That tlie vestries
of the said parishes, or the majority of the vestry of
each of them, are hereby impowered and required, in
a reasonable time, after the month of September, in
the year of our Lord one thousand seven hundred and
forty six, to sell and dispose of the said glebe, by pub-
lic auction, to the highest bidder or bidders, for mo^
Bey or tobacco, having fii-st given notice of the time
and place of the said sale, by advertisement in the Yir-
Sinla Gazette, and at the court-houses of King George^
talford. Prince William, and Fairfax counties; and
immediately after the receipt of such money or tobac-
co, to pay and allow one moiety thereof, to the vestry
of the said parish of Dettingen, after the same shall
take place; and the other moiety to the vestry of the
said parish of Hamilton; to be applied by the said ves-
tries, respectively, towards the purchase of a conve-
nient glebe for each of the said parishes.
VII. Fratnded always^ and it u herdnf enadedf That
the said glebe, as it now stands, shall be deemed and
taken, and accordingly used by the present minister,
as the parsonage house and glebe of the parish of Ha-
flttilton, until such sale; and that the said minister do
iLeep the same in tenantable repair, without commit-
ting waste.
CHAP. XXVI.
Jin act for dividing the parish of BaHi, in the cowUif of
Prince George, and adding part thereof to Brutcl
Farish.
I. "WTTTHEREAStheinhabitants oftheparishofBri8.?*5^PJ^
▼ T tol> in the county of Prince Creorge, labour un- Q^^rgo dm-
der great inconveniences, by reason of the small num-ded,uKl
bar of tithables in the same^ and it is reasonable thatp«rtaddet.
part of the adjacent parish of Bath, in which there are^ ^riatoh
a greater number of tithables^ should be added and
annexed to the said parish of Bristol:
II. Be it therefore enacted^ by the JUeutenant-Gover^
nor, CouncUf and Burgesses of this present General
jissenMy; and it is herdnf enacted, by the authority of
262 LAWS OP VIRGINIA.
same. That from and after the first day of May next
ensuing, part of the said parish of Bath, bo annex-
ed to« and made part of the said parish o' Bristol^
and that the bounds thereof* fur the future, be estab-
lished in manner following; that is to say, by a line to
begin at Appamattox River, on the east side of Wal-
lace's Creek, thence a south course to Surry county
line; which shall always hereafter, berepnted, deem-
ed, and taken, to be the bounds between the said pa-
rishes.
III. Proroided always. That nothing herein contain-
ed, shall be construed to hinder Ihc collector of the said
parish of Bath, as the same now stands entire and un-
divided, to make distress for any levies, which shall foe
due from the inhabitants of that part of the parish of
Bath, now included in the parish of Bristol* after the
said first day of May, as by law he might have done, if
this act had never been made. Any law, usage, or
custom, to the contrary thereof, in any wise, notwitb-
atanding.
CHAP. XXVIl.
Jn Jidf for obliging the parish of 8L Martin to repay
to the parish of Fredericksviue, their proporttan of
four hundred and ninety six pounds, and ten thou-
sand pounds of tobacco, levied on the said parish of
8t. Martin, before the division of the same.
Parish of St. I* 'VjETHERE AS, by the act of Assembly made in the
Martin to re- ▼ ▼ fifteenth year of the reign of his present ma-
mXir^'^ jesty. For dividing the parish of St Martin, in the
SbalSes^ to County of Hanover, into two distinct parishes, it was
Fredericks, enacted. That from and after the first day of Decern-
^Uc. ber, then next following, the said parish of St. Martin
should be divided, in such manner as by the said act
-was directed and declared; and that all that part of
the said parish, scituate above the dividing line, to the
westward thereof, should be erected into one distinct
parish, and called and known by the name of Frede*
ricksville.
II. And whereas the vestry of the said parish of St.
Martin, sometime before the said division, levied upon
the inhfdiitants thereof^ as the same then stood andi-
SEPTEMBER 1744— 18th GEORGE 11. 26g
vided. Tour hundred and ninety six pounds, current mo-
ney, towards building a large new churchy and inimc-
diately after passing the said act of Assembly, and bc-
foi-e the same took place, the said vestry levied the
sum often tliousand pounds of tobacco, upon the said
inhabitants, to bv deposited in the hands of the collec-
tor, for the use of the said parish; and have refused
to make any allowance to the vestry of the parish of
Fredericksville, for the same:
11. Be it therefore enacted^ by the Lieutenant^C^oroern'
orf Council^ mid Burgesses, of this present General M*
seiablyn and it is Iiereby enacted, by the authority oj^ht
same. That the vestry of the said parish of St. Martin^
shall, and they are hereby iropowered and required, to
levy upon the tithable persons of the said parish, as
much money and tobacco as shall be sufficient, to re-
imburse the inhabitants of the said parish of Frede-
ricksville, their proportionable part of the aforesaid
sum of four hundred and ninety six pounds, and ten
thousand pounds of tobacco; one half thereof at the
laying their parish levy, in the year of our Lord one
thousand seven hundred and forty five, and the i*emain*
der in the year next following; and shall pay the same
unto the vestry of the said parish of Fredericksville,
for the time being, to be by them applied to the use of
the said parish.
CHAP. XXVIII.
M actf to enable the Common-HaU of the dty of WUU-
afndmrgf to assess a tax on the infuMtants of tlie said
city, for building a Prison^ and for other purposes
therein mentioned.
I- ^ la r HERE AS the mayor, recorder, aldermen, and p^mmon
common council of the city of Williamsburg, j]^^buTF to
have represented to this General Assembly, that there ]ay a u^or
is no prison belonging to their corporation, for the com- building a
mitment of debtors, criminals, and offenders; but that P"***"^*
the prison of James City county standing within the
limits of the said city, hath hitherto been used for that
purpose, on sufferance; which is attended with incon-
venience both to the said county and city; and that
they are desirous a prison should be bailt for the use of
264 1-AWS OP VIBiGINIA.
the said city> at tlie cliarge of the inhabitants of tha
corporation: But it is a doubt, whether they have
power, by their charter, to assess a tax on the said in-
habitants, for that use, or for any other needful occa-
sion of the city, when their chamber is deficient:
IL Bt it therefore enacted, by tlie Lieutenant Gover^
nor, Councilf and Burgesses, of this present General
Jssembly, and it is hereby enocfea, by the authority qfth§
same. That it shall and may be lawful for the mayor,
recorder, aldermen, and common council of the said ci-
ty/>f Williamsburg, fortlie time being, in common-
hall assembled, to levy and assess, by the poll, on the
tithable persons inliabiting within the said city, all such
sum and sums of money as shall be necessary, for e-
recting a prison for the use of the said city, if their
chamber be deficient; and also to appoint a collector
of the same. And if any person or persons shall re-
fuse or neglect to satisfy and pay the money, so on liiuu
her, or them levied and assessed, according to the
times appointed for the paiment thereof, it shall and
may be lawful to and for such collector, by warrant
from under the hand of any magistrate of the said city^
to levy the money so due, by distress and sale of the
delinquents goods, in the same manner as for non-pay*
ment of public and county levies, in this colony.
Counties of '"• •^^ ^ it further enacted^ by the authority afore-
James city soid. That the justices of the county of James City»
j^d Yorkto and the justices of the county of York, for the time
^5 **'?!"** b«ing> 8l>al' and they arc hereby required, at the time
blei. of Imying the levies for their respective counties, in e-
very year, to levy, for the serjeant and constables of
the said city, for the time being, so much tobacco as
shaU hereafter become due to them, for all such servi-
ces done, and prison fees, arising within the said city,
not already by law directed to be paid, as would pro*
perly be chargeable on the said counties, respectively,
bv the sherifs and constables thereof, iii case the said
city had not been incorporated.
SEPTEMBER 1744— 18th GEORGE If. 265
GHAP. XXIX.
jfn Act, far giving a reward for kilUng Wolve$f in
the cownty of Frtdtntk, to he Urcied on the inhabitants
of the saia county f by the Court; and for altering
several court days.
I. ^STTrHEREAS, by the art of Amembly, passed fitewirdibr
T T in the twelfth year of his present majesty's l^i^Jing .
reign. For ei-ecting two new counties and parishes, and F^l^iSidL
l^ranting certain encouragements to the inhabitants
thereof, the inhabitants of the counties of Frederick5
and Augusta, are exempted from public levies for ten
years, from the passing the said act^ and no allowance
is to be made (or killing Wolves within the limits of
the said two counties: And whereas the inhabitants
of Frederick county have made humble suit to this
Assembly, to have a reward settled, to be levied on tht
titbable persons in that county^ and applied in encou*
raging persons to destroy Wolvesi
11. Be it therefore enacted, hu the LteutenatU-Oovem*
or, Council, ana Burgesses, of this present General As-
sembly, and it is hereby enacted, by the authority of the
same. That from and after the first day of November
next, a reward of six shillings, for every old Wolfi and
two shillings and six pence, for every young Wolf^
killed within the county of Frederick, shall be paid^
to the party obtaining certificate thereof, under the
band of a julstice of peace of the said county* upon
oath, and legal proof before him made. And the jus-
tices of the said county of Frederick, shall and may^
annually, at the court held for laying their county le-
Ty, raise and levy, upon the titbable persons therein^
the rewards due, upon such certificates, to the court
produced; to be discharged in money or grain, at the
rate to be settled by such court, from time to time, and
to be paid to the persons, respectively, intituled there-
to, at the next county court held after such levy laid,
for and during the term of four years.
IIL And whereas the days appointed by law, for Court days of
holding courts in the said county of Frederick, and the ISlj!*^
counties of Fairfax, and Louisa, are found to be inron- loi^iS^-
▼enient, aa they are now settled; Be it further enacted, ed.
ky the auihority (foresaid, That from and after the
Kk— vol. 5.
266 JtA.WS OF ITIRGINIA,
first day of December iiext, the court forilie safd coim«
ty of Frederick, shall be held on the first Tuesday;
and the court for the said county of Fairfax, on the
third Tuesday; and the court for the said county of
Louisa, on the fourth Tuesday in every month. Any
laWy custom, or usage, to the contrary thereof, in any
wise, notwithstanding.
CUAP. XXX.
An, AcUjoT reviving the acU to hrvpo-wer the justices of
Eliz,abeth City county 9 to erect pounds; and Jot o-
ther purposes therein mentioned.
I. "VJITHEREAS the act of Assembly, made in the
Actauthoris- ▼ ▼ fifteenth year of the reign of his present ma-
in^ court of jesty, intituled. An Act, to impower the justices of £U-
Mi^eth ci. zabeth-City county, to erect pounds; and for other pur-
poun<S^«^• P^^ therein mentioned, is expired; and the same hav-
fiyed. ing been found very useful, and of gt*eat benefit to the
inhabitants of the said county of Elizabeth-City, it ia
proper and expedient that it should be revived:
f n. Be it therefore enacted^ by the Lieutenant' Govern-^
ir, Councdf and Burgesses^ of this present General Jis*
s&mbly, and it is. hereby enacted^ by the authority of the
game, That the said recited act shall be, and the same
is hereby revived; and shall continue and be in force»
from the passing of this act, for the term of four years^
next following, and no longer.
CHAP. XXXI.
AnJletf for dividing the county of Goochland; the pa»
fish of Saint James, in that county; and for other
purposes OierHn mentioned.
L 'VTTHERE AS divers inconveniences attend the up*
tT per inhabitants of Groochland county, by rea-
son of their great distance from the court -liouse, and
other places, usually appointed for public meetings:
Goechland IL Be it therefan enacted^ by the Lieutenani Gorterfi-
•^Qr, diTi-^f, Councilf and B'lr^esses, of this present General
Jisscmbly, and it is hereby enacted, by th&authority ofikt
SEPTEMBER 1744— 18th GEORGE 11. 257
^ iMine, That from and immediately after the last daj
of Ueceniber next^ the said county of Goochland be
divided, hy a line, to be run from the point of the brk
of James river, nnrtii, thirty degrees, east to Louisa
county line; and from the said point of the fork, a di- •
n^ct course to Brook's mill; and from thence, the
same course continued, to Appomattox riven And
that part of the said county which lies below the said
line, be erected into one distinct county, and retain the
name of' Goochland; and all that otler part thereof,
above the said line, be one other distinct county, and
called by the name of the county of Albemarle. And« x ^^"'■^
for the due administration of Justice, ™*
III. Be it further enacted^ by the authority fl^«- court dayi.
said^ That after the said last day of December, a court
for the said county of Albemarle, be constantly held,
by the justices thereof, on the fourth Thursday in eve-
ry month, in such manner, as by the laws of this colo-
ny is provided, and shall be, by their commission, di-
rected.
IV. And whereas, by reason of the situation of the
parish of Saint JaroeH, in the said county of Gooch- J^l^ ^I^''
land, the minister and inhabitants thereof, do labour d^into
under divers inconveniences: For removal of which, three.
for the future. Be it enacted, if the Lieutenant Oover-
noTf CouncUf and Burgesses f of this present €feneral AS"
MtmUff and it is hereby enacted^ by the authority cfthe
same. That from and after the last day of December,
the said parish of Saint James, shall be divided into St Anne's in
three parishes; that is to say, all that part of the said Albcnuric.
parish that lies in the county of Albemarle, shall
thereafter, be esteemed one distinct parish, and be
called and known by the name of St. Anne's; and all
that part of the said painsh, which lies on the north st. Jamet,
side of James river, in the county of Goochland, a Northam, on
foresaid, shall be esteemed one distinct parish, and be j^^^^
called and known by the name of Saint James, Northam:
And all that other part thereof, which lies on the south g^^^^iyj,^
aide of the said river, in the cdunty aforesaid, shall bcgoutii^de^
erected into oiie other distinct parish, and called and James River, ^
knowQ by the name of Soutliam. And, for the better {" Gooch-
ordering of parochial affairs in the said parishes; ^ .
y. Be it further enacted by the authority aforesaid.
That the free-holders and house-keepers in the said
parishes, respectively, shall meet, at some convenicQt
368 , LAWS OP VIRGINIA,
time and place, to be appointed and publickljr adverti*
•edy by the respective 8heri& of the fiaid counties of
Goochland and Albemarle, before the twenty-fifth day
of January next; and then and there elect twelve of
< the most able and discreet persons, of their respective
parishes; which persons, do elected, having taken the
oaths appointed to be taken by law, and subscribed to
be conformable to the doctrine and discipline of the
church of England, shall, to all intents and purposes,
be deemed and taken to be the vestries of the said pa-
rishes, respectively: Which said vestries are hereby
impowered and made capable, to take receive, and hold
any lands, tenements, or hereditaments, which shall
be purchased or given, as a glebe or glebes, for tlie
use of the minister of each parish, respectively, for the
time being, for ever.
YL And whereas one small tract of land, lying and
being in the parish of Saint James, on the north side
of James River, whereon Anthony Gavin Clerk now
lives is appropriated for a glebe to that parish, which,
when divided, will be in the parish of Saint James,
Northam; and whereas the said tract of land is very
inconveniently situated to those uses, and thd making
sale and disposition thereof, must redound to the inte-
rest of the said parish of Saint James, Northam, if the
same can be effected; and the money arising by the
sale thereof, applied towards purchasing a more con-
venient tract of land for that purpose:
Yll. Be it therefore enacted, ly the authority afore-
mid. That the said tract of land, with the appurtenan-
ces, be, and are hereby vested in William Randolph,
and Beiyamin Cocke, gentlemen, of the parish of Saint
James, Northam, and county of Goochland^ in trust;
that they shall sell, iand, by deeds of bargain and salei
convey, for the best price that can be got for the same,
the said tract of land, with the appurtenances, by such
descriptions as they shall think fit and pecessary, to any
person or persons, who shall be willing to purchase
the same; to hold to such purchaser or purchasers, in
fee-simple: And when th^ same shall be sold and
conveyed, that the said William Randolph, and Benja-
min Cocke, shall account with the vestry of the parish
of St. James, Northam, when they shall be elected
and qualified, as aforesaid, who shall receive the samcit
ffi trusty for applying the nioney arising by such salcii
SEPTEMBER ir44— 18tii GEORGE IL 269
towards the purchasing a mbre convenient tract 6f
land for a glebe, for the use of tire parson of the said
parishf for the time being, for ever.
Vlll. Fravided alwaySf That nothing herein con-
tained, shall be construed to hinder the sheriff, collec-
tor, or collectors of the said county of Cpoochland, and
parish of Saint Jam^s, as they now stand intire, and
undivided, from making distress for any levies, fees, or
other dues, which shall be due from the inhabitants of
the sa3d county and parish, after the said last day
of December, in such manner, and not otherwise, as by
law he, they, or either of them might have done, if this
act had never been made* Any law, custom, or usage,
to the contrary thereof, in any wise, notwithstanding.
CHAP. XXXIL
Jln Jet for dividing the upper pansh in ^ansemoni
amnty, and adding part thereof to Stiffolk parish.
I. VM7HEREAS, by reason of the small number of
▼ T tithables in the parish of Suffolk* in the county
of Nansemond, occasioned by a division of that parish,
from the upper parish^ in the said county, at a time
"when the lands in the said upper parish, were not fully
settled; but since the said division, great numbers f)f
people have settled therein: And as the inhabitants of
the said parish of Suffolk, are, for the most part, very
poor, and the levies large and burthensome; for the
better regulating«of the said parishes,
II. Be it enactedf by the Lieutenant Qoroemorf Coun- Suffolk pt*
eilf and BurgesseSf of this present General Assembly^ rish ui Nan-
and it is hereby enacted^ by the aiUhority of the same,^^^*^*^"
That from and after the twentieth day of November, ^^^'^
next ensuing, part of the parish called tho upper par-
ish, in the said county of Nansemond, be annexed to,
and made part of the parish of Suffolk; and that the
bounds thereof, for the future, be established in man-
ner following; that is to say, to begin at the head of
Puke's creek, thence running down the said creek, to
Nansemond river; thence down the said river, to tho
«nouth of the Western branch; thence up the said
V^estern branch its several courses, till it intersects
f sle of Wight county line; which shall always hcrcaf-
276
LAWS OF VIRGINIA,
ter> bA reputed^ deemed, and taken, to be the bounds
between the said parishes.
IlL Provided alwaySf That nothing herein contain-
ed,^ shall be construed to hinder the collector of the
said upper parish, as the same now stands intire, and
undivided, to make distress for any levies, which shall
be due from the inhabitants below^the said line, after
the said twentieth day of November, as by law he might
have done, if this act had never been made, Any law,
custom, or usage, to the contrary thereof, in any wise,
notwithstanding. *
CHAP. XXXIII.
jStn^ct, to enable the JSTottoway and Mmsemondln*
dians to sell certain Lands; and for other purposes
therein mentioned*
Nottoway, ScL
Nansemond
Indians au-
thorised to
sell certain
lands.
WHEREAS, the Notfowav Indians are pos-
sessed of a large tract of land, of six miles
square,! lying and being on the south side of Nottoway
river, in the county ot Isle of Wight; and whereas
that nation is of late reduced, by 8ickne€», and other
casualties, to a very small number, and among those
that remain, many are old, and unable to labour or
hunt; so that the whole of that large tract is more than
they are able, in their present circumstances, to culti^
Tate, or make any use of. '
II. And whereas they have petitioned the honorable
lieutenant-governor in council, to be enabled to s^^ll
part of the said tracts for the paiment of their debts,
and tlie better support and maintenance of them and
their posterity: And whereas the Nansemond nation
of Indians, are likewise reduced to do small a number
of men, thatthey cannot possibly subsist of themselves
by hunting, which is their chief support, but have been
obliged, for their conveniency and benefit, to cohabit
with the Nottoway Indians, more than seven years past.
III. And forasmuch as they are also possessed of a*
bout three hundred acres of land, in the county of Nan-
semond, bounded by the county line, Nottoway river,
and the land of one James Gary, which, for the rea*
son aforesaid, is become entirely useless, and of no be-
nefit to them; and have prayed for leave to sell tha
SEPTEMBER 1744~18th GEORGE 11. 2T4
' nvLfne^ and to be enabled to purchase other lands near
the said Not to ways:
II. Be it tlierefore enactedf by the Lieutenant-Goroern"
or^ Council and BurgesseSf of this present General
Assembly f and it is hereby enacted^ by the autlwrity of the
same* That the chief men of llie said Nottoway na-
tion, be impowered, and rhey are hereby iropowered,
by and with the consent and approbation of James Ba*
kei*, surveyor of the said county of Isle of Wight,
John Parsons, and Richard Blow, junior, the survivors
or survivor of them, who are hereby appointed trus-
tees to see this act duly executed, to sell and convey,
for the use and benefit of the said Nottoway nation,
five thousand acres, part of their said tract of land, ly-
ing between tlie Western boundary of their said tract,
' and Buck-Uorn swamp, for the best price that can be
got, so as not to be under the rate of twelve pounds
ten shillinis^s, current money of this tolony, for every
hundred acres: Providedf That no part of the main ^
swamp, called Buck-Horn,beinclud^ within any sale,
so intended to be made: And the chiefe of the Nanse-
mond Indians, are also hereby impowered, with the
consent and approbation of the trustees aforemention-
ed, to sell and convey the said three hundred acres of
Iand,tothembelonging,inthesaidcountyofNansemond.
And after any agreement made, for the sale ef the said
lands, or any part thereof, it shall and may be lawful
for the said chief men of each of the said nations, to-
gether with the trustees aforesaid, or the survivors or
survivor of them, to seal and deliver a feoffment, and
to make livery and seisen upon the land, to be indors-
ed upon siich feoffment, to the purchaser, who, imme-
' diately after the execution thereof, shall pay down, to
the said trustees, for the Uses and purposes herein ex-
pressed, the purchase money; for which, a receipt
shall likewise be indorsed on the deed: And any feoff-
ment so executed* and perfected, and afterwards ac-
knowledged, or proved by the oath of three witnesses;
the feoffment made -for the lands, sold by the chiefs of
the Nottoway Indians, to be recorded in the court of
the county of Isle of Wight, where their lands lie, and
the feoffment made for the lands, sold by the chiefs of
the Nansemond Indians, to be recorded in the court of
the county of Nansemond, where their lands lie; shall
be sufficient in law, to pass the fee-simple estate of
272 LAWS OF VIRGINIA.
such landsy so by them sold; and the purchaser or
purchasers thereoFy his or their heirs or assigns, shall,
for ever, hold and enjoy the same, freed and discharg-
ed from all claims of the said Nottoway and Nanse-
mond nations, and their posterity. Any thing in one
^ act of the General Assembly, made in tlie fourth year
of the reign of the late Queeu Anne, intituled, An act,
for preventing of misunderstandings between tributary
Indians, and other her majesty's subjects of this colo-
ny and dominion; and lor a free and open trade with
all Indians whatsoever; or in any other act of the Ge-
neral Assembly, contained, to the contrary hereof in
any wise, notwithstanding.
V. Provided always^ That the said trustees, or
either of them, shall not, directly, or indirectly, pur-
chase any dividend or parcel of the said land, from the
45aid Indians, without the special approbation of the
governor or commandei^ in chief of this colony, for thc^
time being, with the advice and consent of the council,
first had and obtained. And if any purchase shall be
made by the said trustees, or any other person or per-
sons whatsoever, contrary to this act, the same shall
be void, ,to all intents and purposes.
VI. Provided also, and be it enacted. That the
purchaser or purchasers of such lands, his or their
licirs or assigns, shall hold the same of his majesty,
his heirs and successors, under the like quit-rents as
are paid by persons bbtaining grants for lands from
his majesty*
VII. Jind be it further enacted, by (he auUwriiy a-
forcrnidf I'hat the money arising by the sale of the
lands belonging to the said Nottoway Indians, shall,
by tlie said trustees, the survivors or survivor of them,
be equally and fairly divided amongst the said Notto-
way Indians, and the other Indians that are Incorpora-
ted, and do now co>habit with them, (the Nansemond
Indians excepted:) And the said trustees, and the sur-
vivors or survivor of them, are hereby impowered
and i*equired, to examine and settle the accounts and
claims exhibited against any of the said Indians; and
the same being duly proved, and appearing just, to pay
and satisfy, out of the part or share of the money, doe
to the Indian or Indians, against whom such account or
claim ^all be exhibited*
SEPTEMBER ir44— iBtli GEORGE IL 273
VIIL •And be it further enacted^ by the authority a-
Jaresaidn That the raoney arising by the sale of the
said three hundred acres of land» belongin.i^ to the said
Nanseinond Indians^ shalU by the said trustees* belaid
out. in the purchase of other lands, where they, the
said Indians, shall think fit, for the use and orcupatidti
of them, and their posterity, for ever; to be held of the
king, his heii sand successors, under the like rents and
services, as they now hold the said three hundred a-
cres of land.
rX. And whereas it hath been represented to this
General Assembly, that the Indians of the said two
nations, are very prone to drink spirits, and other
iKtrong liquors, to a very great excess, thereby giving
ill disposed and dishonest people opportunities to make
very great advantages of them, by first getting them
in debt, and then taking their skins, money, cloaths,
and ammunition; by which means they defeat the just
trader from getting paid, for furnishing them with the
necessaries of life: To prevent which,
X. Be it enacted. That from and after the passing
of tiiis act, no person whatsoever, stiall sell on trust,
to any Indian of either of the said nations, anyquanti^
ty of spirits, or other strong liquors whatsoever: And
if any person shall sell, cm credit, to any such Indian,
any spirits, or other strong liquors, he, she, or they, so
trusting, shall be disabled to maintain suit, or recover
judgment for the same, in any court of law, or before
any magistrate witliin this colony. And if any person
or persons, selling spirits, or other strong liquoi*s, to
any of the said Indians, shall presume to take any
pledge or pawn whatsoever for the same; or shall sell
such spirits or liquoi*s for any other thin^ than ready
money, be, she, or they, so ofTending, shall forfeit and
pay the sum of twenty shillings, for every such offence,
to the informer: Xo be i-ecovered, with costs, before
any justice of the peace of the county where the offence
shall be committed; and if a question shall arise at
the trial, the onus frobandi shall lie on the defendant. .
L ii— VoL 5.
374 LAWS OF VIIRGNIAr
GHAP. XXXIV.
•^ Jlctf toprevefU the bmlding and repairif^ wooden
chimniesf in the town of Hichmond*
LTj^ORASMUCH as it hath been represented to
Jl this Assembly^ by Ai* inhabitants of the town
of Rirhniondy in the county of Henrico; that they are
often in great and imiAinent danger of havingtheir hous*
es and effects burnt and consumed, by reason of many
wooden chimnies in- the said town:
II. Be it therefore enacted^ by the Lieutenant-Chvern^
town^ ^^* ^^^^^ ^^ BurgesseSf of this present General '^«-
wooden sembltff and U is htreby enactedf by the authority of the
chimniof not sanu* That it shall not, hereafter, be lawful for any
to be built person whatsoever,, to ei^ect or build, or cause to be c-
rected or built, in the said town, any wooden chimney^
neither shall it be lawful for any person whatsoever
after the expiration of three yearsr after the passing
of this act, to make use of any wooden chimney alrea-
dy erected in the said town: And the owners or pro-
prietors of all such wooden chimnies as now are in the
said town, shall, before the expiration of the time a*
foresaid, wholly destroy and disuse the same, or cause
them to be pulled down; otherwise it shall be law-
ful for the sheriff (»f the said county of Henrico, and
be is hereby required to cause all such wooden chim^
nies to be pulled down and demolished: And in lik«
manner it shall be lawful for the said sherifs, and they
are hereby required to cause to be pulled down and de-
molished, all other wooden chimnies, wiiich shall be baiK
and erected in the said town, in breach of this act.
CHAP. XXXV.
Jin Mt^ for dissolving the present Testry of the Parish
of Truro; and Jar appointing a new election of Ves^
try men for the said Parish.
Ventry of I, "wnHn^HERE AS, it is repre^nted to this Assembly,
hl'^Fa^r^*^ Y? that divers of the inhabitants of the parish of
dissolved, Truro, in the county of Fairfax, now do, and for sever-
and new vei- al years past, have acted as vestrymen of the said par«
try to be c- |g|,^ altho' many of them were never lawfully chosen
wted. ^j, qualified; that several, pretending to act as vestry-
meor are n^t able to vead or write^ and under a colour
SEPTEMBER ir44~18th GEOROE II. 27«
of bebig lawfully chosen, have taken upon themsetves
to hold vestries, atid imposed many hardships on the
inhabitants (»f the said parish: For remedy whereof,
II. Be it enacted by the Lieutenant- Governor ^ Coun*
cil, and Burgesses^ of this present General Assembly ^ and
it is hereby enadai by the authority of the samef That
the vestry, or pretended vestry of the said parish, is,
and are hereby dissolved: And that all and I'very act
and arts, thing and things^ which at any time or times
hereafter, shall or may be performed, suffered, or done
by them, as a ve«try, or pretended vestry of the said
Jiarish, shall be, and are hereby declared to be utter-
y void, to all intents and purposes whatsoever*
HI. Prcrcided always. That all and every levy and
levies, heretofore laid* and all and every other act and
thing, by the said vestry^ or pretended vesti'y, dune or
suffered, shall be good, valid and effectual, in as full
and ample manner, as the same would have been, if
tills act had not heen made.
IV. And be it further enacted^ by the antliority afore*
saidf That the freeholders and house-keepers of the
said parish of Truro, shall meet, at some convenient
time and place, to be appointed, and publickly adverti-
sed, by the sheriff of the said county of Fairfax, before
the first day of February next; and then and there elect
twelve of the most able and discreet persons of their par-
ish, to be the vestrymen of the said parish: Which said
vestrymen so elected, having taken the oaths appointed
by law, and subscribed to be conformable to the doc-;
trine and discipline of the church of England, shall, to
all intents and purposes, be deemed and taken to be the
vestrymen of the said parish.
CHAP. XXXVL
•An Actf to oblige the inhabitants of Augusta County f to
pay their proportion of the charge^ for runnmg the
dividing line, between Augusta and Frederick coun-
ties.
I. n^nETTHEREAS, by an act of Assembly, made in inhabitants
▼ ▼ the twelfth year of the reigr^ of his present of -^"gu«*
majesty, intituled, an art, for erecting two ijew coun- ^r^por^^"
ties and parishes; and granting certain encouragements of expenses
276 it-AWS OF VIRGI^JIA,
of runmitff to the inhabitants tliereof; it is enacted, that all that
f \'^" rfthat ^^'^^^ ^^ territory of land, then deemed to be part of the
county and* county of Orange, lying on the north west side of the
Frederick. Blue Riflge of mountains* extending from thence, north-*
wardly , westerly, and southerly, beyond the same to tlie
utmost limits of Virginia, should be separated from the
rest of the said county, and erected intci^ two distinct^
counties and parishes; to be divided, by a line, to be
run from the head spring of Hedgman river, to the
head spring of the river Patowinacic: And all that
part of the said territory, lying on the north east of
the said line, beyond the top of the said Blue Hidg^
should be one distinct county and parish, to be called
by the name of the county of Frederick, and parish of
Frederick; and that the rest uf the said territory ly-
ing on the other side of the said line, beyond the top of
the said Blue Ridge, shouhl be one other distinct coun-
ty and parish, tti%e called by the name of the county
of Augusta; and parish of Augqsta. By which said
recited act, it is provided, that the said new counties
and parishes, should remain part of the county of Q-
range, and parish of St^mt Mark, until it should be
made apiiear, to the governor and council for the tim^
b< ing, that there was a sufficient number of inhabitants
fi»r appointing justices uf the |»eace, and other officers,
and erecting courts therein, for the due administration
of justice; so tliat the inhabitants of the said counties,
should be thenceforth exempted from the payment of
all public, county, and parish h vies, in the county of
^ • Orange, and Parish qf Saint Mark.
II. And whereas there is a sufficient number of in-
habitants in the said county of Frederick| and the go-
vernor and council have thought lit to appoint justices
of the peace, and otiier officers, in the same; where-
by the said county is bee ome distinct and separate from
the said county of Orange; and the court of the said
county of Frederick^ hath contracted with, and appoii|-
tcd the surveyor of the said county of -Frederick, to
run the dividing line between the same, and the coun-
ty of Augusta; the expence of which, it is reasonable
and just, that the inhabitants of the said county of Au-
^iist^ should bo equally chargeable with:
III. Be it therefore enacted, by the Lieutenant- Oover^
nor^ Council, and Burgesses of this present General dJf -
semblyf and it is hereiyy enacted^ by tlie authority qf
SEPTEMBER l744--r8tti GEORGE IL 277
ike satfiep Tbat the charge and expence of running the
said dividing line, between the said two- counties of
Frederick and Augusta, shall be paid and born by the
inhabitants thereof, in proportion to the respective
nujnbcr of tithables in each: And the court of the
said county of Orange, shall and may, and they are
hereby rt»quired, at the laying of the next county levy^ ^
after the pacing of this act, to levy and assess upon
the inhabitants of the said county of Augusta their full
pro|)ortionable part of the said charge and expence,
according to their number of titliables; to be collected
by the same persons, and in t|ie same manner, as is*
and are appointed and directed^ to receive and collect
the tax or levy of two shillings, for every tithable per-
son in the said county of Augusta in and by one act of
Assembly, made in the fifteenth year of the reign of
his present majesty, intituled, an act for laying a tax
on the inhabitants of Augusta county, and appropria^
ting the money thereby arising, to their use; which
said proportionable part, so as aforesaid to be levied^
shall he paid by the said collectors, to the justices of
the said county of Frederick.
CHAP. XXXVII.
An Actf to enable Mann Page^ Esq. to sell and dispo&e
of certain entailed lands 9 to raise money for the vau
ment of his father* s debts^ and perfommnce of his
iviU; and for other purposes therein mentioned.
L 'tniTHEREAS Mann Page, late of Rosewell, in
TT the county of Glocester, esq. deceased, was, *•*?" vSto
in his lifetime, seised of a very valuable estate in lands, gell^rtain
lying in divers parts of this colony; and more especi- entailed
ally of and in one certain tract or parcel of land, called lands-
Page land, in the county of Prince William, containing
ten thousand six hundred and ten acres; and of one o-
thrr tract or parcel of land called Page-land, in
the county of Frederick, formerly Prince William,
containing eight thousand and seven aci'es; and of one 0-
iher tract or parcel of land, in thecounty of Spotsylva-
nia, containing four thousand five hundred acres; and
of one other tract or parcel of land, containing one
thousand three hundred and eighty acres, at or near
278 liAWS OF VIRGINIA,
^ Hobb's-Hole, in the count} of Essex; and of one other
tract or parcel of land called Pamo^ra^ containing nine
hundred acres in the countj^ of James Ci^y; and of a
parcel of land^ containing two thousand acres, in the
county of Hanover; and also, of the reversion of seven
hundred acres of land, or thereabouts, adjoining tl^e
city of Williamsburg, in the county of York; and of a
parcel of land, called Neck-of-land, containing one
thousand seven hundred a^MTS, in the county of James
City; and of a parrel of land called Pampatike, can-
taining one thousand acn-s in the county of King Wi|.
liam, expectant upon the death of Elizabeth Bray, then
the wife of David Bray, Gentleman: And, being al-
so possessed of a large number of slaves, and a consid-
erable personal estate, by his last will and testament,
in writing, bearing date the twenty fourth day of Jan-
uary, one thousand seven hundred and thirty, devised
to his wife Judith, his dwelling house, with all out
houses thereto belonging, where he then lived, and
the mansion house then building, with all the land there-
to adjoining, so far as the inward fence of the pasture
run; and also all the slaves which then belonged to
his dwelling house and the home plantation for and
during her natural life, and after her decease, to his
son Ralph Page. He did also devise to his said son
Ralph Pa^ce, all his lands in the county of Glocester,
(excepting the land by him lately pui*chased of colonel
Francis\Villis,andtheslaveson the last mentioned lands)
and all his lands called Mahixon, in the county of Han-
over, and all the lands called Claiborn^s Neck in the
county of Ring William, and the land by him lately
purchased of Henry Chiles: He did also give to his
said son Rdph, all the slaves on the said several tracts
of land, and all the slaves belonging to the tracts of
land which were his former wife's, the said Ralph's
mother; which said lands by htm so given to his said
son Ralph, he did demise t<i him, and the heii*s of his
body, lawfully begotten; and in failure thereof, to his
8(m Mann Page, and the heirs of his body, lawfully be-
gotten; and in failure thereof, to his son Caiter Page^
and the heirs of his body, lawfully {^gotten; and in
failure thereiif, to his son John Page, and the heirs of
his body, lawfully begotten; and in failure thereof, to
his son Matthew Page, and the heirs of his body, law-
fully begotten; and in failure thereof, to his son Ror
SEPTEMBER 1744— 18th GEORGE IL 279
bert Pajsje, and the heirs of his body, lawfully begotten)
and in failure thereof, to his daughters, Mary and Lu-
cy, and to their heirs, for ever, equally to be divided^
between thrin. He did also devise to his said son
Mann Ba.cce, his tract of land lying near Hobb^s-Hole,
in the county of Essex, and all the slaves on the said
land, and to the hetrs of his body, lawfully begotten;
and on failure thei*eof, to his said sons. Carter, John^
Matthew and Robert, successively, and to the succes«
sive heirs of their several bodies, for ever; and on fai^
lure of such heirs, to his son Ralph Page, and the heirs
of his body, lawfully bt^gotten; and in failure thereof^
to his daughters, Mary and Lucy, and to their heirs^
for ever, equally to be dividtd between them: But
declared his intent to be, that the slaves on the land
so given to his son Mann Page, should be to him and
his heirs, foi*ever: He did also devise to his said son
Mann Page, all his lands in the county of Spotsylva-
nia, to him, and the heirs of his body, lawfully begot-
ten, forever; and all his lands in the county of Prince
William, known by the name of Page-land, to him, and
the heirs of his body, lawfully begotten, for ever; and
•n failure of surh, to his said sons Carter, John, Mat-
thew, Robert, and Ralph, successively, and to the suc-
cessive heirs of their several bodies, for ever; and on
failure of such heirs, to his said daughters, Mary and
Lucy^ and their heirs, for ever, equally to be divided
between them. He did also devise to his said son
Carter Pagt% all that tract of land purchased by his
late father, Colonel Matthew Page, of Colonel Willi-
am Basset, deceased, \y ing in the county of Hanover,
under the same limitations as are mentioned in the de-
Tise of the lands to his son Mann Page: He also gave
to his said son Carter, all the slaves, and stock of cat-
tle and hogs, belonging to the land so given him; and
did devise to his said son Carter Page, the reversion
and reversions, and all the right, title, and intei*est he ^
had in the lands late of his uncle, Mr. Francis Page^
and which were then in the possession of Colonel Da-
Tid Bray, to his said son Carter, under the same limi-
tations as are mentioned in the devise of the lands to
his son Mann Page* He likewise devis^ to his son
John Pagt», all that tract of land lying in the parish of
Ware, in the county of Glocester, by him purchased
of Colonel Francis Willis, to his said son John, and the
260 LAWS OF VIRGINIA.
heirs of hi« body, lawfully begotten, for ever, under
tiie same limitations as ai'e mentioned in the devise to
his son Mann Pa^e: He also j^ave to his said son John
Pa.s;e the sluvi's and stock of cattle and hogs, belonging
to tho said land and five hundt*ed pounds sterling; to
be paid him when he should attain to the age of twenty
one years. He also gave to his said sons Matthew and
Robert, and to his daughter Mary, two' tiftousand pounds
sterling, each; to be paid them when they should se-
verally attain to the age of twenty one years; and to his
daughter Liicy, five hundred pounds sterling; and de-
clared his will to be, that the slaves and stocks, giveif
to his sons, ^lould be kept uiion the lands to which
tliey belonged, until his sons should severally attain to
the age of twenty one years: And that out of the pro-
fits arising by the said slates and lands, his children
should be maintained and educated,suitable to theirqua-
lity and circumstances; and that the residue of the said
profits, be applied tqwards paying his debts^ and the
legacies given by his said will, as in the said will more
fully is contained.
, II. And whei*eas soon after the death of the said tes-
tator, his said sons Ralph Page, and Carter Page, de*
parted litis life, without issue, as did also the said Da-
vid Bray, and Elizabeth his wife; whereby the lands
so devised to the said Ralph Page, and Carter Page,
are become vested in the said testator's son Manii
Page.
ill. And v^hereas the said testator, at the time of his
death, was considerably indebted unto several persons
in Great Britain, and in this colony, more than the val-
ue of his slaves and personal estate amounted to; for
a great part of which debts, the said testator had en-
gaged, in his life time, to pay interest.
IV. And whereas the profits of the said testator's es-
tate have been applied, ever since his death, in dis-
cliarging his debts, and the maintenance and education
of his children according to his will; but have been
foun<t deficient and inefl=*ectual: And the said Mann
Pac:«% the son, hath been obliged to advance great
sunisof iiis own money, to prevent creditors from bring-
ing suits, and seizing and selling the said estate; and
the portiotis so as aforesaid bequeatfied, to thei4iid tcS-
taior's ciiildi ea^ are mostly yet unpaid.
SEPTEMBER ^744— iStb QEOIIGE 11^ 281
V. And wbsreaA now, after tliirteen years experi-
ence, it appears impossible to raise money sufficient,
out of the profits of the said estate, to discharge the
said testator's debts and legacies; and the slaves and
personal estate left by the said t<stat(ir, if taken in ex-
ecution and so!d, will not be sufficient to pay the said
debts and legacies, and to reimbui*se the said Mann
Page the money by him advanced, as aforesaid; be-
sides that tlie taking the said slaves in execution, will
not only burthen the estate with great charge and ex-
pence, but very much distress the said Mann Page and
Jolin Page, by rendring their lands of little or no ben-
efit to them; and must in a great measure, defeat the
provisicm intended by the said testator, for the youn-
ger children.
y L And whereas, altl^o* the said Mann Page is in-
tituled to the lands intended, by this act, to be sub-
jected to the paiment of the testator's debts^ and which
s4id lands are of a more considerable value than the
negros and personal estate^ designed to be affected by ^
this act: yet« nevertheless, the said Mann Page, being
desirous that his father's just debts should be paid and
satisfied, and the portions of his younger brothers and
sisters complied with, agreeable to the intention of his
said late father, proposes, and is willing, that the lands
hereafter mentioned, should be sold and disposed of,
for the paiment of the said debts and legacies, and re-
imbursing him what he hath already expended, on ac-
count thereof: So that a property of all the personal
estate and negros, belonging to the estate of the said
testator, (except as hereafter excepted) may be abso-
lutely vested in him, the said &kann Page, in part of sa*^
tisfaction of the considerable interest he submits to be
divested of by this act; subject, nevertheless, to the
paiment of such part of the debts, legacies, and money,
already expended by the said Mann Page, as the said
lands, when sold, shall not he sufficient to satisfy and
discharge.
' VII. And whereas notice hasi been published three \
Sundays successively, in the several parish churches
Where the lands herein after mentioned lie, that ap-
plication would be made, by the said Mann Page, the
Sim, to this General Assembly for leave to sell and
dispose of the said lands, pursuant to your majesQr's
M M— Vol. 5.
2^2 LAWS OF VIRGINIA,
instructioiis: Therefore, for encouraging the good
and laudable design of the ^aid Mann Page, the son,
to pay the debts, and fulfil the will of bis said fathei:,
and the better to enable him so to do; and to the end,
that some of tlie slaves left by thesaid testator,, may be
preserved, to the use of the said Mann Page, and John
Page, in cultivating of their remaining lands, niay it
please your most excellent majesty, at the humble suit
of the said Mann Page, the «on, that it may, be enact-
ed;
VIII. And be U enacted^ by the Lieutenant Goroemart
C(mncHn and Burgesses^ of this present General M-
sembtt/f and it is hereby enactedf by tlit authority of the
same, That frmn and' after the passing oi.tliis act, it
, shall and may be lawful to and for the said Mann Page,
the son; and in case of his death, his executors or ad-
ministrators; and he and they are hereby severally im*
powered, to sell, for the uses and purposes liereafier
mentioned, to any person or persons wlid shall be wil-
ling to, purchaise the same, the follawing tracts or par-
cels of land; to wit, the said tract or parrel of land
called Page-land, in the county of Prince William, con-
taining, by estimation, ten thousand six hundred and
ten acres, or thereabouts: The said tract .or. parcel
of land called Page-land, in the county of Frederick,
formerly Prince William, containing eight thousand
and seven acres, or. thereabouts: I'he said tractor
parcel of land in the county of Spotsylvania, contain-
ing four thousand five huiidred acres, or thereabouts:
The said tract or parpel of land, at or near HobbsV
H(de, in the county of £ssex, containing one thousand
three hundred and eighty acres, or thereabouts: The
said tract or parcel of land, called Pamocra, in the
county of James city, containing nine hundred acres,
or thereabouts: The said seven hundred acres of land,
or thereabouts, adjoining the city of Williamsburg, in
the counXy of York: The said tract or parcel of land,
/ called Neck of land, in the county of James City, con-
taining one tliousand seven hundred acres, or therea-
bouts: The said tract or parcel of land, called Pam-
patike, in the county of Ring William, containing one
thousand acres, or thereabouts: And the said tract or
parcel of land in the county of Hanover, purchased by
colonel Matthew Page, of colonel William Bassett, de-
ceased, containing two thousand acres, or thereabouts.
SEPTEMBER 1744— 18th GEORGE II. 38g
IX. dud be itjurther cnaciedf That the said Mann
Paj^y the son; and In case of his death, his eoLecutors
or administrators, shall and may, and he and they are
hereby further impowered, to make and execate all -
deeds and conveyances* neresaary iji the law, for assu-
ring onto such purchaier or purchaseni, a good estate,
in fee simple, in the lands so to be purchased: And
such purchaser or purchasers by virtue of such deeds
and conveyances, and this act^ shall, for ever hereafter,
peaceably and quietly hold and enjoy the lands so pur
chased^ to them, and their heii'S, for ever. And the
money paid by such purchaser or purrhasel^, shall be
apidied^ in the first place, for and towards the paiment
and discharge of the debts of the said testator, Mann
Page, still remaining unpaid, and for and towards the .
reimbursing the said Mann Page, the money by him so
advanced, as aforesaid; and afterwards, for and to-
wards the paiment and discharge of the several lega-
cies and portions, given and devised by the said tet^ta-
tor, to hi tliree younger sons and daughters.
X. Jind be it further enacts by the a^hf^riUj a-
Jbresaidf That the following titoves, part of the slaves
devised by the said testator, to his son, the said Ralph
Page, to wit, Abr^m, Barftaby, John, Rachel, jUu-
' cy, Mary, Bob, Nanny, Billy, jQhn, Tom, Beck,
Nanny, l^cy. Bob, Judy, Alice, Jtifan, Frank, Joshua,
Sohimon, Jemmy, Jack, Margaret, Daniel, Jemmy,
Sarah, Anthony, now being npon, and belonging to ihc
quarter at Rosewell; James, Micholas, Hannah his
wife, Ndl, RacheU Harry, Billy, Davy, Jemmy, Rob,
London, Isabel, Sue, Moses, Aaron, Sar^fi, Olliver,
Dirk, Jack, now being upon, and belonging to Clay-
Bank quarter; Jack, Betty his wife^ Billy, Dick,
Bridget, Nat, Edmund, Betty bis wife, Dick, Jeffry,
Mary, John, London, Harry» Jack, Jemmy, Sarah, now
being upon and belonging to Scotland quarter; Harry,
Sarah his wife^ Harry^ Betty; Bob, Jemmy, Betty,
Charles, Frank, Mat, Will, and Tony, now being upon,
and belonging to Clement's quarter; all which said
quarters are in the county of (^locester, and the in-
crease of the said female sTlaves, so long as any of them ^
ahall be living, shall be annexed to the laiidj^ in' tlie.
said county of Glocester, devised by the said testa^o^
ta his said son Ralph, and shall be vested in the said
Mann page, the son; and shall pass in descent, remain-
984 MWS OF VIR6INU.
der, and reversion^ to such persbni andp^rHonsy and for
• isorli estate and estates^ and subject tb the like limita-
tionsy as the last mentioned lands in the coontj of Glo*
ce8ter» are, and stand limited, by the last will and tes-
tament of the said Mann Page, deceased; And that
the said Mann Page, the son, his executors or SEdminis-
trators, shall be, and lie and they is and are hereby in-
powered, to sell and dispose of such part of the said
pers<inal esUite, and so many of the remaining staves
and negroes, belonging to the estate of the said testa-
tor Mann Page (except that part thereof which was
giv^n and bequrathed to the said John Page, as afore-
said) as he, the said Mann Page, the son, his executors
or administrators, shall judge proper, and which may
be sufficient, to make up what part tlie said lands may
prove defirieni, in discharge of the said debts, legacies,
tind monies, already disbursed by the said Mann Page,
as /aforesaid, and the money so to be raised by the
sale of the said personal estate and negros, shall be
accordingly applied by the said Mann Page, his exe-
cutors or administrators.
XI. Jind be it further cnactedf That the absolute
right, property, and interest of, and in all the other ne*
' gros« slaves^ and personal estate, aforesaic^ (txcept
as before excepted shall be and remain, knd is hereby
declared to be and remain, in the said Mann Page, the
son, his heirs* executors, administrators, and assigns
and to his and their own proper use and benefit; and
to no other use and benefit whatsoever
XII. Saving to the king's most excellent majesty* his
heii's'vindsucce.s^oi*R,and untoall andevery other person
and persons, bodies politic or corporate, their heirs
and successors, other than the persotis claiming un-
der the last will and testament of the said Mann Page,
deceased, their h^irs, executors, administrators, or as-
siji^ns, all such right, title, estate, interest, claim, and de-
mand whatsoever, of, in, and to all or any of the lands
and slaves befni*e mentioned and described, as they
or any of them had, should, or might have bad, if
this at t had never been made.
X U 1. Providtd alwajfs. That the execution of this act
shall be suspended, until his majesty's qiprobatioii
thereof shall be obtained.
t
SEPTEMBER 1744~18th UEORUE II. 285
CHAP. XXXVIII. .
Jn Act; io enable John Be^ld, to seU certain landi
therein mtntumedf notwitiisVmding his infaficif; knd
for other purposes therein also meiMoned.
1. ^I^HERE AS Thomas Wright BelfielcI,Iatcof the
▼ T county of Richmond, gent, deceased, was in John Bel-
his life time, seised, in fecsimple, of andin one certain ?*^^^»^***2''
tract or parcel of land, lying and being in the said coun ^ruinlwid^
ty, whereon he lived, containing, by estimation, fifteen
hundred acres, or thereabouts, with the a]>purtenance8; ^
and of anotlle^ tract or parcel of land, lying and being
in the county of Orange, containing four hundred a-
cres; and of another tract or parcel of land in the last
mentioned county, containing eleven hundred acres:
And was also seized, in fee tail, of and in a moiety or
half part of twelve hundred acres of land, with the ap-
purtenances, lying and being in thecoutity of Lancas*
.ter; and of a moiety or half part of twelve hundred a-
cres of land, with the appurtenances, lying and being
in the county of Essex; and also possessed of several
negros, and some personal estate: And so being seis-
ed and possessed, made his. last will and* testament in
writing; and thereby he directed, that such part of
his lands as his executors should think fit, should be
sold, for the paiment of his debts; and of his said will^
appointed Mary Belffeldhis widow;, John Belfield and
William Jordan, gentlemen, executors; and soon after- '
wards, departe<l this life, much more indebted than
the value of his fee simple lands, slaves, and personal
estate, amounted to: And the said executors, pursuant
to tliesaid will, have made sale of the said lands where-,
of the said testator died seiseil, in fee simple, in order
to pay his debts; ami the said Mary Belfield, in be>
half of the said John Belfield, the testator's eldest son,
and heir at law, hath agreed for the purchase of the
said tractor parcel of land^ in tbe county of Richmond,
bat cannot raise mon^y sufficient to pay the considera-
tion for the same.
II. And wliereas the said intailed lands, in tlie coun-
ties of Lancaster and Essex, are descended, and be-
come vested in the said John Belfield, who is an in-
fant, of the age of nineteen years, and upwards; and
it hath been represented unto tliis General Assembly,
286 hWVS OF VIRGINIA,
on behalf of the* said John Belfield, that the lands in
the counties of Lancaster and Essex, descended tp him,
as aforesaid, lie nm )te and inconvenient, and are un-
der the \aliie of two hundred pounds, respective!)'; ahd
that it would be greatly for the advantage. of the said
John Belfield, if he might be enabled to sell the said
* intailed lands,, and to apply the money arising from
such sale, towards paying for the lauds in the said
county of Richmond, which the said Mary Belfield
hath purchased for liis use: Therefore, at the hum-
ble suit of the said John Belfield, '
II f. Be itenacfed, by the Lieutenanf-Oovemorf Conn-
cilf and Bur^esseSf of this present General jissemblyf
anditis hereby enacted^ bytheauthorityofthtsame^ That
it ^haH and may be lawful to and for the said John
Belfield, to sue out a writ from the secretary's office,
in tlie nature of an ad quod damnum f pui*suant to the
act of Assembly, made in the eighth year of the reign
of his present majesty, for amending the act, intitu-
led, an act, for settling the titles and bounds of lands;
and for preventing unlawful shooting and ranging there-
upon; and if the lands whereof he is seised in tall, as
aforesaid, shall be, respectively, found not to exceed the
value of two* hundred pounds sterling, and not to be
parcel of, or contiguous to other intailed lands, of the
Said John Belfield, then, by deed or deeds of bargain
and sale, according to the dir^tions of the said act, by
and with the approbation of the said Mary Be4fiel(i,
and of James Ske4ton,oftlie county of H.^novcr, genU to
make sale of thesaid intailed lands in thesaidcounticsof
Lancaster and Essex, for tiie best price that can be got, to
any person or persons who shall be willing to pur-
chase tlie same: and the execution of such deed or
deeds, shall be as good, binding, and available, to all
intents and purposes, as if the said John Belfield had
attained the age of twenty one yeara at the, time of su-
ing forth such writ or writs, or at the time of Execu?
tion of Buch deed or deeds; or any Other act, matter
or thing relating thereto; And the purchaser or pur-
chasers, his or their heirs and assigns," shall, forever
thereafter, peaceably and quietly possess and enjoy
the said Lands, accordingly. Any law, custom, or
usage, to the contrary^ thereof, in any wise notwith«
standing.
I
SEPTEMBER 1744—1 8th GEORGE II. 287
IV. AnA be it further enactedf by the autfiority a- *
fmsaidf That the money arising by tlie sale of the
said lands, if sold, shall be paid to the said Mary Bel-
fieldf and James Skelton, or to the Survivor of thcm^
and shall be by them applied for and towards the pai-
inent of the consideration moncfy, agreed to be given for
the lands in the county of Richmond, afoi*esaid: Wiiich
said last mentioned lands, in case the consideration a-
foresaid be satisfied, shall be conveyed to the said John
JBelfield; tu hold to him, his heirs and assigns for e-
vcr.
CHAP. XXXIX.
•ill Act^for establishing a town near Roy*s Warehimse^
in the county of Caroline; and for oilier purposes
therein mentioned.
I. Ti^HEREAS Charles Smith, late of the county ofp^^i^yil
^^ Essex, deceased, was in his life time, seized, in in Caroline
fee simple, of several tracts or parcels of' land; and esublished.
more particularly of a plantation wd tract of land^ con-
taining, by estimation^ five hundred acres, with the
appurtenances, ^cituate, lying and being in the parish ^
of St. Mary's, then in the county of Essex, but now in
the ci>unty of Caroline: And being so seised by in-
denture, bearing date the fifteenth day of September,
in the year of our lord one thousand seven hundred and *
seven, made between him, the said Charles Smitli, of
the one part, and Micajah Perry, Thomas Lane, and
Richard Perry, of London, Merchants, of the other
part, in consideration of the sum of six hundred and
-iiinety pounds sterling, did bargain and sell among, o--
tilers, unto the said Micajah Perry, Thomas Lane,
and Richard Perry, the said plantation and tract of
land; to hold unto them, their executors and assigns,
for the term of one thousand years, under the yearly ^
rent of one ear of Indian corn; upon condition or pro-
viso, nevertheless, that if the said Charles Smith, his
heirs, executors, administrators, or assigns, should
well and truly pay or cause to be paid, unto the said
Micajah Perry, Thomas Lane^ and Richard Perry,
their executors, administrators, or assigns, the suqi of
seven hundred and thirty one pounds eight 9MHii^;s
288 l^AWS OF VIRGINIA,
sterlinj!:^ upon the sixteenth ^ay of September, whick
should be in the year of our Lord one thousand seven
hundred and eight, that then the said indenture, and
the bargain and sale thereby made, and every thin^
/ tht rein containedt should ct'ase, determine, and be ut-
terly void, as in the said indenture more fully is con-
tained; And the said Charles Smith, sometime after
making the said indenture, departed this life, leaving;
Robert Smith, his eldest son, and heir at law, to whom
' the reversion of the raid lands descended*
II. And whereas the said Charles Smith, in his life-
time, and his represeiitativcs after his death, failed in
the piiment of the said seven hundred and thirty one
pounds eight shillings sterling, according to the Pro-
viso or condition aforesaid; and the said Micajah and
Richard Perry, who were the surviving mortgagees, bj
indenture, made by their attorney for that purpose ap-
~ pointed, bearing date the tliirtieth day of October, in
the year of our Lord one thousand seven hundred and
nineteen, for the consideration of one hundred and se-
venty pounds sterling, did bargain, sell, and assign^ un-
to John Catlett, late of the county of Essex, gent, de-
ceased, and Rowland Thornton, late of the county of
Ring George, deceased, their executors, administra-
tors, and assigns, the said plantation, and five hundred
acres of land, with the appurtenances, and all the es-
tate, term, and time, then to come, of the said one
thousand years, of them the said Miogah and Rich-
ard Perry of and into the same.
Hi. And whereas the said John Catlett and Row-
land Thornton, are since dead, and their executors'
and representatives have preferred their bill in Chan-
' eery, which is now depending in the General court of
this Colony, against the said Robert Smith the son^
and heir at law, in order to obt^iin a decree, either for
the paiment of the said one hundred and seventy
. pounds, and the interest incurred thereon, or to fore-
close tlie equity of redemptic>n of the said plantation
and lands, with the appurtenances; since the commence-
ment of which said suit, the said Robert Smith depar-
ted this life, having, befoi*e his death, made his last
will and testament, in writing; and thereby impower-
ed and directed Rirhai*d raliaferro, of the county of
Caroline, (e:ent. to lay off into lot^, sixty acres of land^
part of the said five hundred acres, next adjolniny to
SEPTEMBER 1744— 18th GEORGE 11. 289
the river, in the most convenient manner, for a (own;
and to sell the same> in order to raise money to redeem
the said plantation and lands so mortgaged, as afore-
said: \nd« by his said will, did give and devise to his
wife and two sons, Lawrence and Charles, each one lot;
and after several other particular legacies and bequests^
given in the said will, the said Robei-t Smith gave all
the rest of his estate, of what property or nature so e-
vcf, to be equally divided, between his wife Hud four
children, Lawrence, Charles, Elizabeth, and Dorothy,
and the survivors of them, and their heirs, for ever,
IV. And whereas the said Richard Taliaferro, in
pursuance of the power and authority to him given, by
the said will, hath surveyed and laid off int'» lots, six-
ty acres of the said land, in the most convenient man-
ner, for a town; and hath represented tq this Gener-
al Assembly, that the same is a place healthful, conve-
nient, open to trade and navigation, and that the estab-
lishing a town there, and selling the l(»ts, is he only ex-
j^dient to raise money to redeem the said mortgaged
premises, and preserve the iiegros and personal instate
of the said Robert Smith, for his widow and children!
V. Be it therefore eiiactedf by the Lieutenant-Govern-
oTf CouncU^ and BurgesseSf of this present General As-
semhlyf and it is hereby enacted by the nnthority of the
samef That from and after tlie passing of this act tho
said sixty acres of land, so as aforesaid sni^veyed and
laid out by the said Richard Taliaferro, shall be vested
in Charles Carter, William Beverley, Lunsford Lomax,
Thomas Turner, Jolm Baylor, Richard Taliaferro,
and Olliver Towles, gentlemen, and tlieir successors,
in trust, for the several purposes herein after mention-
ed: And the said Charles Carter, William Beverley,
Lunsford Lomax,Thomas Turner, John Baylor, Rich-
ard Taliaferro, and Olliver Towles, gentlemen, are
hereby constituted directors and trustees, for building,
carrying on, and maintaining a town on the said land;
and they, or any three of them, shall have full power
to meet as often as they shall think necessary, and
shall set apart such land for a market place, and public
quay, and appoint such places upon the river for pub-
lic landings, as they shall think most convenient; and
if the same shall bo necessary, shall direct the making
of wharfs and cranes at such public landings, fur th^
N n — vol. 5.
290 LAWS OF TIRGINIA,
public use: And the said directors and trustees hsvtng
iii*st laid out and sA apart and conveyed one lot to eadi*
of them^the said widow of the said Robert Smith^and his
sons JLawi*ence and Charles Smith, devised to them as
aforesaid^* shall liave full power and authority » to sell the
residue of tl^ said lots, by public sale or au( tioof from
time to time, lo the highest bidder; and when such lois
shall be sold, any two of the trustees shall and majt
upon paiment of the purchase money, by some suflici-
ent conveyance or conveyances, convey the fee simple
estate of such lot or lots to the piH*cliaser or purcha*
sers; and he or they, and his anil tlieir heirs and as-
signs^ respectively, shall and may thereafter,, peacea-
bly and quietly have, hoId« possess and enjoy tb« same^
freed and discharged of and from allri^ht, tatley claiiB»
interest and demand, whatsoever, of the assignee<»of
the said i*e( ited mortga^, and also of the heirs of the
said Robert Smith, and all other |>ersonsdairoih^ ub-
dcr him, them, or either of them.
yi. And be itfurtlier enactedf by the authority €ifor4*
said. That the said directors shall have full power
and authority, to establish such rules and orders, for
the more regular placing the said houses, as to them
shall seem fit from time to time: And iftlie inhabt-
tants of the said town shall fail to obey and pursue Ibe
rules and Orders of the said directors, in i*epairing and
amending the streets, landings and public wha^rfe, tin^
shall be liable to the same penalties as are iniicted, for
not repairing the high ways in this colony,
VIL And for continuing the succession of the said
trustees and directors, until the said town shall be in-
corporated. Be it further enacted. That in case of the
death of any of the said directors, or their refusal to act»
the surviving or other directors, or the major part of
them, shall assemble, and are hereby impowered fh>ni
time to time, by instrument in writing, under their res-
pective hands and seals, to nominate some other person
or person^^ being an inhabitant or freeholder of the
said town^ in the place of him or them so dying or re-
fusing; which new director or dii*ectors, so nominated
and appointed, shall from thenceforth, have the like
power and authority, in all things relating to the mat-^
ters herein contained, as if he or they had been express-
ly named and ap^iointed, in and by this act: Ande*
SEPTEMBER 1744—1 8th GEORGE II. ^i
vorj such instrument and nomination^ Ahall from time
-to time, be entered and registered in the books of the
said directors.
Vlil. Jind be it further enacted, bif the authority a- '
faresaidf IHiat the said trustees and directors shall ap-
]ply the money f arising by the sair of the said lots, in
Bianntr following: That is to say, in the first place,
for and towards the satisfying and paying any such
judgment or decree as shall be obtained* by the as-
signess of the said mortgage, in the suit herein before
mentioned, to be depending in the general court, or a-
ny otlier suit to be brought for the same, together
with the costs and charges which shall bt; awarded and
expended; and if any m^ney shall remain, after the
painent of such judgment, or decree, and costs, then
to pay and allow one fifth part of such overplus, to the
widow of the said Robert Smithy and to put out to in-
terest upon good and sufficient security, the remaining
four parts, in trust, to and for the joint benefit of Law-
rence Smith, Charles Smith, Elizabeth Smith, and ^
Dorothy Smith, the children of the said Robert Smith,
or the survHTors of them^ and the representatives of a-
ny of the said children who shall happen to die; to be
paid to tbehi or the survivors and fcpn'sentatives of
them, in equal proportions, when they shall, respective-
ly, attain the age of twenty one years, or marriage. —
Jhul be it further eruicted, That the said town shall
be called by the name of Port Royal.
IX. Saving to ^e king's most excellent majesty,
bis heirs and successors, and tii all and every other per- ^
son and persons, bodies politic and corporate, their
respective heirs and successors, other than the pi>rson
or persons claiming under the above recited mortgage,
ami tlie heirs of the said Robert Smith, all such right,
title, estate, interest, claim, and demand, as they, every,
or any of them, should or might have had or claimed,
if this act had never been qiade.
X* Provided alwaygf That if tlie said trustees and
directors, or the executors of the said Robert Smith,
shall not satisfy knd pay t^e naid judgment, or decree,
and costs to be obtained as aforesaid, within two years
after the obtaining of the same, that thei) t(^e assign-
-ees of the said mortgage, shall be, and they ai^e-hereby
Tested again, witir the same right, title, and interest,
in and to the said sixty acres of Iftud^ lai(} q^t into a
jiM LAWfi OF VIRGINIA..
i^wnf as aforesaid, as if this act bad never been pnadjSt
any tiling herein contained to the contrary, notwitb-
standing.
CHAP. XL.
4n Jictf to impoTver Peter BedgmaUf gent to lay out
and apply the rents and projits of certain intaitei
landSf therein mentionedf whereof frilliam Brent late-
ly died seised, towards paying Ine debts of the saii de-
cedent^ and for other purposes therein mentioned.
Peter Hedg- 1. VTTTHEREAS William Brent, late of the county
snan author- ▼ f of Stafford, gent, dec'd. was in his life time,
***^®W^y seised in fee tail, of and in divers large trartsor parcels
of landMo * of land, lying and being In the said county of Staflfbrd,
Sayment of and of the county of Prince Wiiliam; and po8ses.se4
ebtafofwm. of Some slaves and petsonal est;;te; and so being seised
Brent. ^^^^ possessed, departed this life, in tlie year one thou-
sand seven hundred and fojty two, leaving issue WilH-
am Brent, his eldest son, and heir at law, to whom tbe
said lands descended; and having first made liis last
will and testament, and thereof appointed Henry Fit*-
liogh, esq. and Peter Hedgman, gent, of the same coun-
ty of StaflTord, his .executors, and guardians to his said
son.'
II. And whereas the said testator, in his Hfe iimpf
having a right to a large parcel of lands in the pro-
vince of Maryland, in the possession of Benjamin Tin-
ker, esq. did commence a suit for the same, in the satd
province, and obtained a recovery; from which judg*
ment the said Benjumin Tasker appealed to his nmr
jesty, in his privy council: And the said testator^^ in
'his life time, went to Great Britain to defend the said
appeal; where, being entirely destitute of money, Jobn
Philpot, and John BuchHuan, merchants, in London,
upon the credit of his title to the last mentioned lands^
• did advance the sum of thice hundred pounds sterling,
to enable him to defend the said appeal, which wa» de-
termined in his favour: And the said testator in his
life time, always expressed himself very desirous, that
the said money should be repaid.
HI. And whereas the slaves and personal estate of
wlrich the said testator died possessed^ are exhausted
n*^
SEPTEMBER 1744^18th GEORGE IL ^f^
.io paying the debts, which he o^pfi at the time of hte
de^thy to sundry persons in this colony; and the money
so due t6 the said Philpot and Buchanan, with the ir-
terest tbereui>on, is still unpaid.
ty. And whereas the rents and profits, arisinj? fh>m
tbc said lands, in the counties of Stafford and Prince ^
'William* and in the province of Maryland, will be more
thaM sulticientto maintain the said William Brent, the
son, to whom the said lands are descended, and to pay
the «aMl tfiree liundred pounds sterling, and Interest;
yet tiie said Prter Hedgmau, the surviving guardian,
(tae said Henry Fitzhugh being now dead) cannot pay
tiie same out of the said rents and pm^ts, nor lay out
the overplus of the said i*ent8 and profits, after main-
staining the said William Brent, the son, in slaves and
sticks, to b^ placed on the said lands, for the benefit of
the said orphan, unless he may be impowered so to do,
by act of Assembly: Therefore, at the humble suit of
^e said Peter Iledgman,
V. Be it enacted by the Lieutenant-Cracemorf Coun^
cUf mid BurgesseSf of this present General Jissemblyf and
^il is hereby enactedf by the authority of the same.
That from and after the passing of this act, it shall and
may be lawful to and for the said Peter Hedgman, and
lie i^ hereby authorised and impowered* after maintain-
.ing ^nd educating the said nilliam Brent, the son»
suitable to his circumstances, to lay out and apply the
xesidueof the rents and pmfits tiilsing from the lands,
defended to the said William Bi*ent, as aforesaid; in
the first place, for and towards the paiment and dis-
charge of the said three hundred pounds, and interest,
' or so much thereof as is or shall be due to the said
Philpot and Buchannan; and afterwards in purchasing
slaves and stocks, to.be placed upon the lands af iresaid^
[ of the said William Brent, for his use, in cultivating
^nd improving the said lands; and to no otiier use
* whaUoever.
y I. Proroided always. That this act shall continue
and be in force, during the time the said Peter Hedg.
. man fhall continue guardian to the said William Brent^
the son, and no longer.
294 LAWS OF VIRGINIA,
CHAP. XLL
Jin Aif to enable Susannah Cooper^ to sell and dispose
oj her personal estate^ by deed or triU, notwithstan-
ding htr husband^ Isles Cooper ^ shaU happen to he
Umng; and for other purposes therein mentioned.
Sunimah I. \Wr HERE AS Susannah Cooper, of the countj of
Cooper au- ▼ f New Kent, late Susannah Sanders, sometime
^oriBed U) In i\^^ y^p Qf Qm. i^jpii ^hp thousand seven hundred and
herproper^ seventeen, intermarried with one Isles Cooper; and
as a feme at the time of such marriage, was possessed of a per-
»ole. sonal estate*
II. And whereas the said Isles Cooper, at the time
of such, marriage, was a persim of no fortune or cir-
cumstance, and in less than.thi*ee years after the said
marriage, left the said Susannah, and went to parts un-
known to her, having fii*st spent and consumed great
part of the estate hrought him by the said Susannah,
and also contracted several debts; for satisfaction
whereof, his creditors, after his departui-e, seised, and
took in execution, the small remainder, left by him, of
the said estate: Whereby the said Susannah was re-
duced to the utmost misery and distress, and was obli-
ged, for some time, to depend upon the charity and as-
sistance of her friends and relations for support: And
the said isles Cooper, some small time after his depar-
ture, married to another wife, who in a little time di-
ed^ and soon after married again to a third wife, by
whom he had several children, some of which are now
living.
Hi. And whereas the said Susannah hath ma^
humble suit, by petition, to this present General As-
sembly, setting forth the matters aforesaid; and titat
she hath received no letter from the said Isles Cooper
for these twenty odd yeai*s past: And also, that since
her said husband's departure, she hath, by her indus-
try, been enabled to purchase a few slaves, and baSi
also acquired a small personal estate, though not suffi-
cient to support her, in the decline of life, so comfort^
ably as she might be supported if she was at liberty tb
dispose of any part of such estate, so by lier acquired;
but that no purchaser will treat with her on account of
her coverture: And further setting forth, that in her
present unhappy situation, she is exposed to many in-
SEPTEMBER 1744— I8th GEORGE IL ' a»6
jaries» some persons committing trespasses on her ten-
ements, and others refusing to perform their contracts
and agreements with her; for which wrongs and inju-
ries, she is advised she can maintain no action in her
own name, unless her husband be actually dead: And
moreover being desinius to make provision for a son
she hath by the said Isles Cooper, and to leave him the
small estate she hath, or may have in possession, at the
time of Jier death; which, she is also advised, she can-
mit do, by law, in case her husband should happen to
be living, without an act of Assembly to enable her so
to do:
IV. Therefore, in as much as the said Isles Cooper
bath been absent so many years; and intermarried with
other women, though he knew the said Susannah was
living, and hath utterly neglected to make any provi-
sion for the maintenance of her, the said Susannah
Cooper, during all that time; it is reasonable that th«
HiM Susannah should have power,^ notwithstanding her
aaid husband is now living, to dispose of such estate as
she hatli acquired by her own industry, since her said
husband left her: May it please your m<ist excellent
Biajesty, at the humble suit of tlie said Susannah Coop-
sr, that it may be enacted;
y. Jind be U enacted, by the Litutenafit-Oovemorf
Ceuneil, and Burgesses, of this present General ^ssem-
My, and by tJie authority of the same. That the said
Susannah Cooper shall and may, and she is hereby en-
abled, notwithstanding the said Isles Cooper her hus-
band, is now living, by her last will and testament, or
otherwise, to give, sell, and dispose of all, or any part
of the daves, or |>ersonal estate, whereof she now is,
or hereafter shall be possessed, in the same manner as
•be might, or could dispose of the same, if the said
Isles Cooper was naturally dead, and the said Susannah
Cooper was actually and really a ff*me-aole.
VL Jkndbe it farther' enacted, by the authority a^ *
foresaid, That the said Susannah Cooper shall, and
nay, and she is hereby enabled, at all times hereafter,
by the name of Susannah Cooper, to make contracts
and agreements, in her own name, and to sue and be
sued, in all courts of judicature within this colony, as a
feme solo may, or can, by. law, notwithstancKng the
a^ LAWS ov^riRomiA.
' said Mes Coopier is Tmng: And that none of the' es-
tate, whereof the said Susannah Cooper now i^, or
hereafter shall he p^issess'^d, shall b^^ subject <jv liable
to the debts, controul, or disposition of the said Isles
Cooper^ thouji^h be be living; but that the same shall^
for ever hereafter, remain and be for the sole and se-
Earate use and behoof of the said Susannah Cooper^
er heirs, executors, or administrators, or such othef
person or persons, to whom she shall give, grant. Con-
vey, or devise the same, as aforesaid. Any law, sta-
tute, custom, or u$age, to the contrary, notwithstan-
ding.
VII. Provided always^ That notwithstanding firtif
^id Isles Cooper be now living, and the said Susann^Tt
shfldl survive him, that she, the said Susannah, shalf
not claim, have, or be intituled to any part or share of
the estate of the said Isles Cooper,- either real or ]ier-
sonal; but that she the said Susannah, shall be, and Is
liereby utterly excluded and barred from all dower and
thirds, or other part or share of the estate of the said
Isles Cooper, either real or personal Any law, sta-
tute, usage, or custom, to the contrary notwithstan*
ding.
VIII. Saving to the king's most etcellent majesfy/
hi» heirs and successors, and to all and every otlier
person or persons', bodies politic and corporate, their
respective heirs and successors, other than the person'
or persons claiming under the said Isles Cooper, all
right, title, estate, interest, claim, and demand^ a^*
they, every, or any of them, shouM or might have had
or claimed, if this act had never been made.
IX. Provide alwafSf That the exec^ition rf thia
act shall be suspended, until his majesty's approbation
thereof shall be obtaine<l.
September ir44— isth geouge n. is?
CHAP. XLIL
^n Jc/f to dock the entail of certain Lands therein
inentioned, qnd to vest the same in Frands fFestf in
fee simple; and to settle other LandSf of gteater to-
lue, to the same uses.
i. \T|7HEREAS Nathaniel West, late of the coun^ Entail of cer-
T? tyof King William, was, in ^^'S •»<« ^i«ne,^>f5<^ .
<seisecl, in fee-simple, of and in a certain tract of land ^g^^^^jn*
and plantation, in the county of King William, afore- Francis
said, called and known by the name of the Home West.
House* containing, by estimation, one thousand acres,
or thereabouts; and was also seised, in fee-tail, of a
tract of Iftnd, in the said county, called Apporchanki
ing's old-field, containing, by estimation, six hundred
aod fifteen acres: And being so seised, made his last
yfiill and testament, in writing, bearing date the twenr
ty second day of July, one thousand seven hundi*ed and
twenty seven; and therein did devise to Thomas West^
bis brother, the plantation and tract of laud, called the
Homr*flouse; and to his other brother, Francis West^
the tract of land and plantation* Called Ap|)erchank-
ing's old-field; on condition, that the said Thcmias
Vi est should not sue for, and recover, of the said Fran-
cis West, the said Apperchanking's old field tract of
landy as heir at law to his father^ Thomad West; to
whom it WAS devised, in tail, by John West, the grand-
fatlier of the said Nathaniel West.
11. And whereas, by virtue of the said will, the said
Francis We«t entered into the said tract of land, call-
ed Apperchanking's old field; but being very young
when he took possession thereof, and then under the
tuition of his brother, Thomas West, did, without con*
suiting the will of his said grandfather, or being ad-
vised thereof, build and make great improvements
thereon.
IIL And whereas also, the said Thomas West, by
Ttrtue of the said recited will, did possess himself of
the Home-Honse tract of land and plantation; but
knowing that he was heir to a very valuable tract of
land, called West-Point, and intending to move there
immediately after tlie death of Jddith Butts, who was
O o— VoK 5, »
298 ^AWS OF YIIU^iNIA,
tenant for life thereof^ suffered the bouBes on the
Borne plantation to decay^ and become ruinous*
IV. And wiiereas some time afterwards^ and a little
before the death of the said Thomas, he being appre*
hensive of the great injury the said Francis was like
to sustain by his heir at law, his suing for and recover-
ing the said Apperchanking's old-field tract of land»
made his last will and testament, in writing, and
thereof did appoint Martha West his executrix, and
therein made a recital of the whole affair; and did
thereby require and direct his said executrix to make
application to the General Assembly, that an act mi^t
pass, for vesting the fee-simple estate'of the said tract
of land and plantation, called Apperchanking's old^
field, in Francis West, pursuant to the intentions oC
the said Nathaniel; and that in lieu thereof, the tract
of land and plantation, called the Home-House, sbooM
descend and go, in the same manner, and be under the
same limitations, as the tract of land and plantation}
called Apperclianking's old field, might or should go
and descend, by the will of the said John West^ the
grandfather.
V* And forasmuch as the said Home-House tract of
land and plantation, is of greater value than the ssM
tract of land and plantation, called Apperchanking's
old-field; and notice has been published three Sundays
successively, in the church of the parish where tlie
said lands lie, that application would be made to this
General Assembly, pursuant to the directions of the
will of the said Thomas West, to vest the said Apper*
chanklng's old field tract of land, containing six hun-
dred and fifteen acres, with the appurtenances, in the
said Francis West, in fee-simple; and to settle the
said Home-House tract of land and plantation, con-
taining one thousand acres, or thereabouts, to the usee
as the said six hundred and fifteen acres are settled, by
the last will and testament of the said John West, the
grandfather, pursuant to your majesty's instructions:
May it therefore please your most ex(*ellent majesty^
at the humble suit of the said Martha West, execu-
trix of the last will and testament of the said Thomas
West, deceased, and of Francis West, brother of the
said Thomas West, that it may be enacted;
Vi. Jind be it enacted^ by the Lieutenant-OiTDemor,
CamcU, and Burgesses of this present Ckneral Jb^
SEPTEBIBER 1744— ISth GEORGE IL 299
semhhfp amd by the authority of the samCf That the
said tract of land and plantation, called Apperchank-
lug's old-fieldy containing six hundred and fi fteen acres^
so as aforesaid devised by the last will and testament
ot' the said >iathaniel West* be, and are hereby vested
in ihe said Francis West, his heirs ^nd assigns; to the
only use and behoof of him the said Franr is West, his
lieirs and assigns, for ever: And that the said tract of
land and plantation, called the Home-House, contain-
ing one thousand arres, or thereabouts^ in the said
county of King William, shall be, and are hereby ves-
ted in the right heir at law to the said Thomas West^
deceased, and under the same restrictions, rem.tindors,
and limitations, as by tlie will of the said John West,
the grandfatlier, is appointed and limited; and thai
be, and all and every person or persons whatsoever,
who by the said last will and testament, might have
claiaied the said six hundred and fifteen aci^s of land,
hereby vested in the said Francis West, as aforesaid,
^hall9 forever hereafter, hold and enjoy the said one
thousand acres of land, or thereabouts, with the appur-
tenances, successively, as they might have claimed and
jheld the 9aid six hundred and fifteen acre% if this act
bad never been made.
Vil. Saving to the king's most excellent majesty,
bis heirs and successors, and to all and every other per-
son or persons, bodies politic and corporate, their re-
spective heirs and successors, other than the person or
persons claiming the said six hundred and fifteen a-
cres of land, under the last will and testament of the
sakl John West, the grandfather, all such right, title,
estate^ interest, cWim, and demand, as they, every, or
any of them, should or qiigbt have had or claimed, if
thto act bad never been inade.
VIII. Provided always^ That the execution of this
^ct sl*all be suspended, until his majesty's approbation
j^bereof shall be obtained.
SOO l-AWS OF VIRGINIA,
CHAP- XLIII.
•fit Adf to vest certain Lands therein nientionedf where-
of George Cartel'^ Esq; lately died seised^ in fee-
simplef in certain trustees therein naniedf to he soldf
for tite performance of his Will.
Certtinlands I. yi ' HEREAS George Carter, late of Middte-
bf Geor|^ f- f Temple, in London, Esq. deceased, was, in
Priiice wa- '^'® '^^** ^'™^' seis. d, in fee-tail, of and in divers tracts
liam and " Or parcels of land, l^inp: and being in this colony; and
Fairfax veit- was also seised, in fee -simple, of one certain tract or
6(1 in tnis- parcel of land, containing three thousand three hun-
^ di*ed and twelve acres, hing and ♦leing in the counties
of I'rince William and Fairfax, at the upper thorough-
fare of the Blue Ridgo, known hy the namcof Ashl^*»
Bent, including; the same, grant<'d to him by the pro-
prietois of theMorthern Meek of this colony, by deed
poll, bearing date the twenty ninth day of June, in the
year of our lord one thousand seven hundred and thirty
one; and of one other tract or parcel nf land, contain-
ing two thousand nine hundred and forty one acres,
lying and oeing in the said county nf Prince Willianif
granted to him by the said pr«>prietors of the North-
ern-Neck, by deed poll, bearing date the same day an<|
year aforesaid; and of one other tract or parcel of
land, containing six thousand nine hundred and forty
three acres, lying and being in the county of Prince
"William aforesaid, being the part and share allotted to
liim of a larger tract, containing forty one thousand
six hundred and sixty acres, granted to Landon Car-
ter, the said Giorge Carter, Lewis Burwcll, Carter
Burwell, Robert Br rwell, Mann Page, and Carter
Page, by the proprietors of the Nortlien-Neck afore-
said, by deed poll, bearing date tlie ninteenth day of
September, in the year of our lord one thousand seven
hundred and twenty four; and of one other tractor
parcel of land, containing eight thousand three hon-
dred and 6ixty five acres, lying and being in the county
of Frederick, being the part and share aJlotted to him
of a larger tract, containing fifty thousand two hun-
dred and twelve acres, granted to the said Landon
Carter, George Carter, Carter Bui*well, Robert Bur-
w* li, Carter Page, and R(»htn Page, Benjamin Harri-
son^ Robert Carter^ Nicholas and Robert Carter, Juuir
SEPTEMBER 1744— 18th GEORGE If. 8Q(
jpr, by the proprietoreof the Northern Neck aforesaid^
by deed poll, bearing date the twenty second day of
September, in the year of our lord one thousand seven
hundred and thirty; and was also possessed of a great
nuiuber of slaves* and stocks of cattle, and other per-
sonal estate, upon the several plantations of which he
died seisedf in tail: And so being seized and possessed,
ipade his last will and testament, in writing, bearing
date the second day of January, one th(»usand seven
hundred and forty 6ne; and therein he recited^ that by
the will of his father, Robert Cailer, late of this Colo-
ny, esq; deceased, certain lands, therein more parti-
cularly described, were given to him, in tail general,
or in taU-male, with the remainders limited, after the
said estates tail, to several of his brothers, in different
onlers; and that thei*e were upon the said lands, dis-
tinct sets of slaves, stocks, and other utensils, proper
for the management of Virginia estates; and declared
bis will to be, that the said slaves, storks and other u-
tenbils, should go, as far as he was able to limit tho
same, to the same pei*sons as would he, by virtue of
tiie remainders limited by his fathei*'s will, respective-
ly, entituled to the said lands; and that su( h of his
brothers as should, up<m his decease, become entituled
to tlie remainders above-mentioned, should have no be-
nefit of any other part of his real or personal estate^
any other ways than as before-mentioned, or un-
der such restrictions as was thereafter expressed: And
as^o the rest of his real estate, he did duvisethe same
to his brother John Carter, esq; and his heirs, in
trust; nevertheless, that he should sell the same, and
apply and pay the money arising by the sale, to such
persons^ and in .such shares, as, by the laws of Yirgi-*
nia, the persona! estate of any one, dying intestate, is
distributed; and that the residue of his personal es-
tate, lying, at the time of his decease, either in Eng-
land, or Virginia, and not therein before or thereafter
disposed of, should likewise be distributed in the same
spanner, as the said personal estate vfoM have been
divided, by the laws of Virginia, in case he had died
ifitestate: Provided nevertheless. That such of his bro-
thers as should be entituled, by virtue of his fatlier's
will, to the next remainder of any of the lands upon
bis decease, should have no share of the money arising
from the sale of stich lands as were directed to bk sold.
LAWS OF VIROINU.
or of the residue of liLs personal estate, thcwby bc»
queathcd* unless they should first taring into hotch
potch, the said lands to which they should succeedf
upon liis dexeascj and likewise all the stocks, alaves»
and utensils, upon the ^aid lands therein before be
queathed to thein^ as in the said will more fully is con-
tained.
II. And whereas, after the death of the said testator,
George Carter, the lands whereof he died seised, in
fee tail, did, according to the will of his said father* gn
in remainder to hi^ brother Landon Carter, of the
county of Richmond, esq; who is now seised thereof;
and also possessed of the said slaves, stocks, and u(;eo-
sils, which were of the said George Carter, at the
time of his death, upon the 9A>d lands, and hath refu*
aed to bring the same into hotch potch*
III. And whereas the said John Carter never exe-
cuted the trust reposed in him by the said will, and
lately departed this life, leaving issue Charles Carter,
his eldest son, and heir at law, an infant of* tender
years: And it hath been represented to this General
Assomby, by the persons who are entituled to the mo-
ney, arising from the sale of the lands of which the
said George Carter died seised, in fee simple, that the
said lands now lie uncultivated and burthened with quit-
rents; and that they are all willing and desirous that the
same should be sold, pursuant to the will of the said
testator; but the said Charles Cailer being an infani;, as
aforesaid, the same cannot be done, as the case now is,
for many years: Therefore, at their humbb? suit,
IV. Be it enacted^ by the Ueutenant-Oovernort Cemu
cUf and BurgesseSf of this present Central JlssemUiff and
it is hereby enacted^ by the autliority of the same^ That
from and after the passing of this act, the said tract
or parcel of land, containing three thousand three
hundred and twelve acres, or thereabouts, with the ap-
purtenances, lying and being in the said counties of
Prince William and Fairfax; the said tract or parcel
of land, containing two thousand nine hundred asd
forty one acres, or thereabouts, with the appurtenancefly
lyingand being in the said county of Prince William; the
said tractor parcel of land, containing six thousand nine
hundred and forty three acres, or thereabouts, with the
appurtenances, lying and being in the said county of
Prince William; and the said tractor paixel of land, con-
^V^^H-"*-i^ * • r «
BEPT£MBER 1744—1 8th GEOUGE 11. ^08
tiiiningeight thousand three hundred and sixty Rto acres,
vit h the appurtenances, iy i ng and bei ng in the said coun-
ty of Frederick; and all other the lands and tenements
in this colonyf whereof the said George Carter died
seised, in fee simple, be, and they are hereby vested in
Charles Carter, Peter Hedgman, Thomas Turner,
Benjamin Robinson, George Braxton the younger and
William Waller, gentlemen, and the survivors and sur-
vivor of them, in fee-simple/ in trust; nevertheless,
that the said Charles Carter, Peter Hedgman, Tho-
mas Turner, Benjamin Robinson, George Braxton
the younger, and William Walter, gentlemen, or any
two or more of them, and the survivors and survivor,
shall sell, to any person or persons who shall be wil-
ling to purchase the same, and for the best price that
can begot, all and singular the premises, with the ap-
purtenances, hereby vested in them, and every part
and parcel thereof; and shall and may execute all
deeds and conveyances, necessary in the law, for assn-^
ring unto such purchaser or purchasers a good estate,
in fee-simple, in the lands so to be purchased: And
snch purchaser or purchasers shall, for ever thereaf-
ter, peaceably and quietly hold and enjoy the lands
and appurtenances so purchased, to them, their heirs
• and assigns, for ever. And the said trustees shall pay
the money arising from such sale or sales, after deduc-
ting the necessary charges they shall be at about the
same, unto the several persons who by the will of the
said Creorge Carter, deceased, are or shall be entituled,
thereto according to their several respective and dis-
tribotive rights, interests, and shares therein.
V. Saving to the king's most excellent majesty, his
heirs and successors, and to all and every other person
and persons* bodies politic and corporate, their heirs
and successors, other than the heirs of the said George
Carter, and the persons claiming under his ^ill, all
anch right, title, estate, interest, claim, and demand
whatsoever, 6f, in, and to all or any of the lands and
tenements, hereby vested in tlie aforenamed trus-
tees, as they, every, or any of them had, should, or
mil^t have had, if this act had never been made.
a04 '-AWS OF VIRGIMIA,
CHAP. XLIV.
•in ^ctj to vest certain Lands therein mentumed^ in
the persons who have purchased under tlie feoffees
and trustees of the town of Tappahannock.
L YI7HEREAS, by virtue of arj Act of Assemblj,
Tappirtia- ▼ ▼ made in the t^'i-ty second year of the reign
nock town of King Char ies the second ^ iatituled. An Act* for
its ^ubUsh^''*^*^*^®" *"*' encouraj?en«ci'i of trade and manu*
ment. ' facture, fifty acres of land* the^i suppfjsed to belong tQ
Benjamin Goodrich, at Uobb^s-Holet in the county of
Rappahannock, now Essex* and lying on the South
side of Rappahannock river* were surveyed for a
town^ named New- Plymouth, and laid out in lots and
streets^ and afterwards, by another act, passed in the
third year of the reign of King William and Queen
Mary, intituled, An Act^ f(»r establinhing ports and
towns, the said fifty acres of land, then being in the
county of Essex, were established for a port and town,
by the name of Tappahannock: which last mentioned
act being suspended^ another act, intituled, aaact,
for confirming titles to town lands, was made, in the
fourth year of the reign of ^ueen Anne; whereby it
was, among other things, enacted. That where any
county or counties had purchased, laid out. and paid
for any lands. Tor ports or towns, pursuant to the said
act. For ports, &c. or to any oth«*r act of Assembly^
and had vested the same in feoffees or trustees, acco^r-
ding to the said act or acts, such feoffees or trustees so
.Invested, were thereby declannl to have a good, abso-
lute, and indefeasible estate, in fee, in such lands re*
spectivcly, which had not been disposed of by the for-?
mer trustees, in trust and confidence, to and for tlie
uses in the said act, for poit^, &c. mentioned; and for
no other use or purpose whatsoever; And the said
land or lands were thereby confirmed to the said fe-
offees or trustees, in fee, to such use or uses. Any
thing in the said suspension, or any other law, statute^
usage, or custom, to the contrary, in any wise, not*
withstanding.
II. And whereas the said lots were, by the said fe-
, olfees and trust^^es, sold, for the purposes in the said
recited arts mentioned; and upon an exact survey of
the bounds thereof, as the same were then laid out»
^^^^^^^-- .■■■ j.g I m ii.yn^ttfc^
Sfitf EMBER 1744— Igth GEORGE ti gOl
lihd hATe been since built upon, made the thirty first
day of August, one thousand seven hundred and forty
four, by Robert Brooke, gent, surveyor of the county
ojf Essex, It appeared, that seventeen acres^ parcel of
the fifty acres,* laid out as aforesaid^ were and are no
part of the lands of Benjamin Goodrich; but were
found to be within the bounds of a greater tract, for-
merly belonging to Robert Payne, and now in the pos-
session and tenure of Robei*t Spilshee Coleman, who
never had received any satisfaction for the same: And
it being reasonable that the true proprietor should
have the full value of his laiid^ taken away by the said
acts; and that the purchasers under those acts should
be confirmed in their estates: Therefore, for remov-
ing all controversies^
III. Be it enacted 9 by the Lieutenant Chvemotf Coten- certain kiu
eilf and BwrgesseSf of this present General Assembly f thepcin vci-
and it is hereby enacted^ by the authority of the sanu, !^^^-
That the said seventeen acres of the said Robert Spils- P^"*^***"*"*
bee Coleman's land. Included within the old bounds of
the said town, and the course of the river, be, and thef
same are hereby vested in the present trustees and (e-
ofTees of the said town, and their successors, for ever^
in as full and ample manner, to all intents and purpo-
ses, as if the same had been part of the land of the said
Benjamin Groodrich, to and for the uses and purposes
in the before recited arts mentioned: And that all
persons who have purchased and paid for any lot or
lots* of any of the trusti^es or feoffees, and have fully
complyed with the conditions in the said laws mention-
ed and set down; and that all pcrsoiis whn have pur-
chased any lot or lots, part of the said seventeen a-
cres, under the ftH)ffoes and trustees of the said town^
appointed by virtue of th^ said acts, or any of them,
and their heirs and assigns, respectively, shalU for e-
▼er hereafter, be vested, and stand seised, of and in
an absolute estate of inheritance, in fee-simple.
IV. Provided always. That there shall be paid, hj
the justices of the said county, to the said Robert
Spilsbee Coleman, or his assigns, before the first day
of September next, the sum of twenty five pounds;
.whkh is hereby declared to be in full satisfaction, for
all his right or title in or to the said premises^ or ^xsf
4iart thereof.
P P—VU. 5.
^g^ LAWS OF VIRGINIA-
CHAP. XLV.
Jin JtcU JorDtsting three hundred and ninety fowr tft-
• cres^ of Land^ with the apgurtenances in the combr
of King WHUanif whereof fViUiam Banks is seised^
is fee tailf in John JWfon, gent, in fee-simple; fmi
for sealing several slaves therein named, im Ue^
thereof to the same wes.
Certainlmnds L inTT HEREAS Wittiam Banks^Iate of the parish
in K|ng^Win. f f of St. Stephen, and county of King and
Wm! Banks, Qw^^^j ^as, in his lifetime, seised. In fee-simple, of
vested in and in twelve hundred acres of land,, with the appitr-
Jk>hn Norton, tenances, scituate lyin^ and being in^ the parish anjl
county aforesaidf and by his last will and testaotenl^
in writing, bearing dpte the tenth day of November^
in the year of our lord one tliousand seven hundred
and nine, devised the same, by the name and descrip^
tion of his house and dividend of land whereon he fhtie^
lived, to his son Ralph, conditionally, that he should no^
way alienate or transfer the same, to any other qae
than the use or uses that should be by hrm, the said
testator, therein declared, and to the heirs of bis bo-
dy, lawfully begotten> meaning his children present tut
hereafter, to whom the right of inheritance of, in, and
to the said land, should descend and go, in case th^y
or any of them survive him, as in and by the said wiu
may more fully and at large appear: And sometime w^
terwards, the said William Banks died, so as aforesaid
seised; after whose death, the said Ralph Banks e^r
tered into the said lands, with the appurtenances, 90
as aforesaid devised, and was thereof seised, in fei^
tail, and died so seised, some time in or about the yeal^
of our l6rd one thousand seven hundred and t^ir^
five; after wliose death, the said twelve hundred acn^*
of land with the appurtenances, descended an^ cable
to William Banks, as heir of the body of the said Ral^
Banks,.his father; which said last mentioned Wiiliaift
Banks, bargained and sold four hundred and twenQr
acres, part thereof, to George Braxton, the younger^
of the parish and county aforesaid, gent.
11. And whereas, on the application of the satil
George Braxton, to the last Assembly, an act was-
made, to vest the said four hundred and twenty acre»
of land, with^ the appurtenances, parcel of the said
^m^m^^itr
SEPl^MBER 1744— 18th ii^EORGE IJ. 807
twdve hundred acres of land^ so as aforesaid, by the
Sit will and testament of the said first mentioned Wii-
m Banks, devised, in the said George Braxton, the
younger, his heirs and assigns; to the only use and
behoof of the said George Braxton, his heirs and as*
signs, for ever: And that a water grist-mill, and three
liundred and ninety four acres of land, with the ap*
purtenances, in the county of King William, whereof
the said William Banks was seised, in fee-simple,
should be, and were thereby vested in the said Willi-
am Banks, son Df the said Ralph Banks, and the heirs
of his body, lawfully begotten for ever: And that he,
and all and every person or persons whatsoever, who,
by the Jast will and testament of the said William
Banks the testator, might have claimed the four hun-
dred and twenty- acre« of land, thereby vested in the
said George Braxton^ as aforesaid, should, for ever
fliereafter, hold and enjoy the said water grist-mill^
and three hundred and ninety four acres of land, in the
said county of King William, with the appurtenances^
successively, one after another, as they might have
daimed and held the said four hundred and twenty
acres of land, if that act had never been made.
Ill And whereas the said last mentioned William
Banks, hath a great number of children, and is not a-
Ue to make provision for them; neither had he ne-
gros sufficient to work the remainder of the s^id
twelve hundred acres of land; so that the same was
not only burthensome to trim, but would also be a bur-
then to his heir, to whom the said |and is to descend, ra-
ther than a benefit. And whereas the said William
Batiks hath sold and coiweyed the aforesaid water
grist-mill, and three hundred jemd ninety four acres of
.land, with the appurtenances, in the county of King
William, to John Norton, gent* of the said county, to
enable him to purchase negros, for the benefit of bis
Jbeir.
rV. And forasmuch as notice has been published
three Sundays successivfly, in the church of the par-
ish of St. John, wherein the said mill andl^nd lie, that
application would be made to this Genera) Assem()ly,
to vest the said mill and three hundred and ninety four
Wres of land, with the appurtenances, in the said Joj^n
l^rton, in Geie-simple, upon settling slaves of greater
valued to the same uses, as the said mill and three hun-
SOS LAWS OF VIRGINIA,
dred and ninety four acres of land weresettM, by thi
said act of Assembly, pursuant to your rasyesty's roy^
al instructions; May it therefore please your most
excellent majesty, at the humble suit of tlie siad Wil^
liam Banks and «[ohn Norton, that it may be enacted|
v. JindJbc it enaciedf Fy the Lieutenant Oavemoff
CouncUf and Burgesses, of this present General Jft
sembly, and by tlie authority of the sanUf That thf
said water grist-mill, and thi*ee hundred and ninety
four acres of land, with the appurtenances, in tlie sai«
qounty of King William, so as aforesaid settled, in
lieu of the said four hundred and twenty acres of
land, pan:el x>f the said twelve hundred aci'es* so as i»
foresaid devised, by tlie last will and testament of the
first mentioned Svilliam Banks, by the said act of As-
sembly, be, and are hereby vested in the said Joba
Norton, his heirs and assigns; to the only use and
behoof of him, the said John Nui^'ton, bis heirs and as-
fiigns, for ever: Aud that the negro slaves hereafter
named, to wit, Tom, Primus, London, Banno,,Baeit
chus, Betty, Parthena, Violet, Judy, Mirtilla, Wind-
sor, and George, and their future increase, so long as
any of them shall be living, shall be, and ai« hereby
annexed to the said land, called the home house resP
due of the said twelve hundred acres; and shall de-
' scend, pass, and go, with the residue of the sai4
twelve hundred aci*es of land, in remainder and rever-
sion, in the same manner, and under the same limita-
tions, and to the same uses, as the said water grist-
mill, and three hundred and ninety four acres of land
are limited, by the before recited act of Assembly.
Any law, statute, usage, or custom, to the contrary
thereof, in any wise, notwithstanding.
VI. Provided always. That the execution of this
act shall be suspended, until his majesty's approbation
thereof shall be obtained.
CHAP. XLVI.
•^ Jtctfor raising a FubUc Levy*
Taxctftum *• Tl^ if enacted, by the Lieutenant Gevenunr, Com-
'ir42toI744» 1^ <^f ^^ Burgesses, of this present GeneraUh-
sembhff andittsher^ enadedby theBsUharittft^ihc
SEPTEMBER 1744— 18th GEORGE II. ^09
0ame, That six pounds of tobacco be paid, by every
^Hhabie person within this dominion, for the defray-
ing and paiment of the public charge of the country;
being the public levy from ttie sixth day of May, one
thousand seven hundred and forty two, to the fourth
day of September, one thousand seven hundred and for-
ty four; and that it be paid by the collectors of the
'several counties, to the several persons and counties,
irespectively, to whom it is proportioned by this Gene-
ral Assembly; And if it shall happen, that there shall
be more tithables in any county than the present levy
is laid on, then such county shall have credit for so
much, to the use of the county; and if fewer tithables
in any county, tlien such county shall bear the loss.
II. Provided alwayst That where any allowance is
made in the book of proportions, to any county, to be
paid in the same county, no more per poll shall be col-
lected, from the tithables of such county, than will
discharge the ballance, after such allowance shall be
deducted: And that every county court shall regu-
late ttie levy accordingly.
' III. Jind be it further enuctedf by the authority a-
prr^Mi That the sheriff of every county shall, at the
time of giving bond for the due collection and paiment
of the next county levy, also give bond and security,
'for the due collection and paiment of the public levy,
now laid and assessed.
>. ^ V»
AT A
WxQ. Gooch»
esq. Goyern^
9r.
(general HfjSjiemWp,
SUMMONED TO BE HELD AT )
The Capitol, in the city of WiUiamsburg, an Thursdof
the sixth day of May, in the Jifteenth year of (he
reign of our scvereign lord George II, by the gram
of God, of Great Britain, France, and Ireland, I^ing,
defender of the faith, S^c And from thence continue
ed, by several prorogaMons, to Thursday the twem
tieth day of February, in the nineteenth year of his
said Majesty^s reign, and in the year of mir Lorih
1745: Being the third Session of this Assembly*
Preamble.]
CHAP. I.
An Act, for reducing the laws made for laying a cMj
on Liquors, into one act of Assembly.
I. "WlfTHERE AS tbc several acts of Asscmbiy* mzip
▼ y for laying a duty upon Liquors, lrave» by cx-
perience^ been found useful and beneficial^ in lessen-*
ing the jtoll-tax, by raising a fund for defraying pari
of the necessary expences of this governoienty and for
the better support of the College of Willtam and Ma**
ry^ in this colony; which said acts will expire tMt
tenth day of June, one thousand seven hundred and for*
ty seven: And whereas, thro* the various alterations
and amendments of the said acts, they are rendered
diflBcuit to be understood, whereby several penalties
may be incurred by the more ignorant sort, for want
of sufficient knowledge of the same; and this presetlt
General Assembly having thought it expedient that
the said laws should be re-enacted, with some amend-
ments^ and reduced into one act:
^^rmmmnn^r\m . . .. ■.* i . ah "w .■
FEBRUARY 1745— 19th GiEORUE H. 3H
II. Be it therefore enacted^ by the Lteutenant-Ooveryi*
or^ Council and Burgesses, of this present General As-
semblyt and it is hereby enacted, by the authority of the
same. That for every gallon of rum, brandy, and o- D^ty on ■pi*
ther distilled spirits; and for every gallon of wine,'**"^^'"^
which, from and after the said tenth day of June, shall
be imported or brought into this colony and dominion,
cither by land or water, from any port or place what-
soever, the duty or custom of two pence shall be paid,
by the owner or importer of the same, for and during the
term of four years: And that one other duty of one
penny for every gallon of the said liquors, which shall
be imported or brought into this colony, shall be paid,
by the owner or importer thereof, for and during the
term of eleven years: And for every gallon of cyder,
beer, or ale, whioh shall be im[iorted or brought into Oneyder^ftTe
this colony and dominion, as aforesaid, from any port or »»* *>««'•
place whatsoever, the duty or custom of one penny
shall be paid, by the owner or importer of the same,
for and during the said term of four years.
III. Provided nevertheless, and it is hereby enacted
and declared. That no duty or custom whatsoever, saving as ta *
shall be paid or required, for any of the liquors be- liquors im-
fore enumerated, that shall come directly from Great- ported from
Britain; but all such liquors shall remain and conti- ^^ ""
nue exempt and free from any imposition, duty, or
custom, imposed or required by this act, as if the same
bad never been made.
IV. Jind be it further enacted, by the authority afore-
^aidf Tliat thv5 master or pui^ser of every ship or o- ^^®^™**'
ther vessel, importing liquors liable to a duty or cus- ^^*
torn by virtue of this act, to any port or place within
this colony and dominion, shall, within eight and forty
hours after his arrival, make a true and just reports
upon oath, with tlie collector of the duties upon liquors
in the said port or place, of the burthen, contents, and
loading of such ship or vessel, with the particular
marks and numbers of every cask therein laden with
iu]U(H*8, and to whom consigned, to the best of his
knowledge^ and also where and in what port the
fame were laden and taken on board; upon pen-
alty of forfeiting one hundred pounds current money.
V. Jnd be it further enacted. That no liquors, lia^
Me to the said duties, imported or brought into thisco-
312 i^AWS OF VIRGINIA.
Entry, how lony by water, by any person or persons whatsoevetV
""^^* shall be landed or put on shore, until due entry made
thereof, with the collector of the duties upon liquors
in siich port or place, and a true account of the marks*
numbers, and contents of every cask, at that port ur
pl>ice where the same was shipped or taken on
boards given upon oath, either before the said
collector, or some justice <»f the peace of this co-
lony, who shall certify the same upon the back
of the original irivoice of such liquors, or a true copy
thereof to him produced; and thereupon such impor-
ter, paying the duties laid by this act, or securing
the payment thereof, shall obtain a permit, under the
hand of such collector, for the landing or delivery of
Forfeiture, the same: And all liquors landed, put on shore, or
delivered, contrary to the triie intent and meaning of
this act, or the value thereof. Shall be forfeited and lost;
and may be seised or recovered, by any officer of his
majesty's customs, of the port or place where the same
shall be put on shore, or delivered, or by any other
Permit to be person or persons whatsoever: And the owner or im-
obtained by porter of any of the liquors aforesaid by land, shall, in
importer. jj|,g manner, make due entry of the same, within six
days after the importation, with the collector appoin-
ted, in pursuance of this act, and give a true accouiit
of the quantity thereof, upon oath, and pay the duty
hereby imposed, or give bond, with good security, for
payment thereof, within six months; and thereupon
obtain a permit, under the hand of the said collector,
for selling or making use of the same. And all li*
quors imported by land, without such entry made, aiid
permit obtained, or the value thereof, shall be forfeit-
ed; and may be recovered or seised by any collector of
the said duties, or any other person whatsoever.
Wines, how ^'' ^^^^^^^^ olwaySf That no person shall be reqid-
entered. t*ed to give account, upon oath, of the true contents of
any pipe or lesser cask of wine imported, but shall have
liberty to enter a pipe at one hundred gallons, and all
lesser casks after the same proportion: Any thing in
this art to the contrary, notwithstanding.
Penalty for VII. Md be it farther enactedf That if any person
Wseentr}'. ^^^ persons whatsoever, slutU wittingly or willingfy*
make a false entry, and bo thereof convicted, sucli
person or persons shall forfeit and pay one hundred
pounds current money.
^^n^Wvi > ^/yn-f ^t'" ?^>. ^ . ' *. ^'
FEBRUARY ir45— 19th GEORGE «. 813
\Uh And be it further enacted f That the collectors Duty of col-
^f the duties or customs upon liquoi*s«or any person by *^<^^"*
theni appointed, shall have full power and autliority to
f;o and enter ort board any ship or other vessel, and
roni thence to bring on shore any liquors liablo to a
duty by virtue of ttiis act, if such duty be not paid or
agreed for within (en days after the first entry of such
ship or vessel, or bond w ith good and sufficient security
^iven, for payment of the same, within six months next
after such entry; which bond, if offered, the collector ^^^
is hereby authorised and i*equired to accept and take;
and such liquors so brought on shore, to secure and de-
tain, until due entry and payment made, or security
given for the s<ime, as aforesaid; and they are also im*
powered to stay and remain on board such «hip or ves*
fiel, until all such liquors be discharged and delivered
out of the same: And if any collector or collectors
of the said duties, or any other person or persons, de-
puted or appointed by them, or any of them, shall, di-
rectly or indirectly, take or receive any bribe, recom-
pence, or reward, in any kind whatsoever; or shall
connive at any false entry of liquors, liable to a duty ot
custom by virtue of this ac|| the person or persons so
offending, shall forfeit and pay the sum of one hundred
pounds current money, and be for ever afterwards dis-
abled in his said office, and rendered incapable of hol-^
ding any office or employment relating to the customs,
within this colony; and the person or persons giving
vr offering such bribe, reward, or recompence, shall
forfeit and pay one hundred pounds current money.
IX« Andbe it farther enacted^ That it shall be law Po\^rcC
rul to and for all and every collector and collectors of ^^^^ctora, ik
ibe duties upon liquors^ by warrant under the hand of ^JI^'^'Jkj?
a justice of peace, (which warrant shall not be granted^ *
but upon an information made to him, upon oath,) and
accompanied with a constable, to break open, in the-
day time, any house, warehouse, or storehtiuse, to
•earch for, seise, and carry away any liquors* liable to
a duty by this act, and for which the said duty shall
not have been paid, or secured as aforesaid: And if
any collector or constable shall be sued or molested for
any thing done in execution of the powers hereby giv-
«n them» such collector or constable may plead the
general issue, and give this act in eyidonce: And tf
^14 LAWS OP VIRGINIA,
in such suit thcvplaiiitiiFbe nonsuit, or judgment pass
ap^ainst him« the dtft^ndant shall i*ecover double costs.
And in all ;iictions» suits, or informations to be brought^
or where any seisurc of liquors shall be made, if the^
pr<iperty thci-eof be claimed by any person as the ira-
baindif"'" p^* ter or owner thereof, in such case the onus probaU"
di shall lie upon surh owner or claimer*
Duties, how X. Jnd be it farther enacted. That when any liquora
p^<i- shall be cousignrd to any person, other than the mas«
ter or owner of the ship or vessel importing the same,
every such person to whom su( h liquors shall be so
consigned, shall* u)»on the importation thereof, pay to
the mastrr or owner of the ship or vessel importing
the same, the duty payable for such liquors, by this
act: And if any person or persons to whom such 11*
<]uors shall be consigned, as aforesaid, shall refuse or
neglect to pay the said duty, or give bond with securi*
ty, for the payment thereof, to the master or owner of
^ ^ the ship or vessel importing the same, at such time as
the same shall become payable; it shall and may be
lawful for the master or owner of such ship or vessel,
to detain such liquors until the duty shall be paid, or
sec ured to be paid, as afoA^aid.
Drawback. XL J^rovided always, and it is hereby enacted and
declared, Tliat if the ow^ner or importer of any liquors^
of which the duties or customs shall be paid, or seca^
red to be paid, within six months after the importation
thereof in this colony and dominion, be desirous to ex-
port the same, or any part thereof; in such case, the
pvrson intending to export the same, shall give a par-
ticular arcount of the marks, numbers, and contents of
the casks or vessels containing the liquors he intends t<%
export, to the colle<!tor f»f such district from whence
the same is to be shipiied for exportation, together
\vith tho name or names of the person or persons from
•whom the same was bought; and shall subscribe it al*
Oath of ex^ so, and make ^mth thereto before the said collector;
porter. at which time he shall also declare, upon oath* that
the said liquors shall be dii*ectly carried out of this do-
minion, and not sold, delivorcd, or put on shore withia
the same, or brought back again, without making «
now entry, and paying the duty; and shall also deli*
ver, to the collector af.>resaid, an account in what ves-
sel the same was entered, at im|>ortation, witii th«
oath of the person or persons by whom it was impor-
FEBRUARY 1745— 19th GEORGE IL gig
ted, that the duty or custom thereof was, at tlie time
of entry, duly paid or secured to be paid, according to
law; and then it shall and may be lawful for the col-
lector where the duty or custom for the same was paid,
or secured to be paid, and he is hereby required and cn-
*joincd to allow the said exporter the whole duty or
custom paid* or secured to bt* paid, for the said liquors,
so to be exported: Any thing in this act to the con-
trary, notwitiistanding. But if any person or persons
shall export liquors on which there is a drawback, to If to Maty-
the province of Maryland, before such person expor- **"^
ting the same shall be intituled to the drawback there-
4>f, he shall produce to the collector of the duties from
whose district the same was exported, a certificate, un-
der the hand of the officer ofthe customs in Maryland,
that the said liquors were entered and landed there.
XII. Jind be it further enacted^ I'hat no drawback No dn^w-
shall be allowed to any person or persons, exporting li back, if e^
quors out of this colony by land: Any clause herein ^^^ ^^ •
contained to the contrar/, notwithstanding.
XIII. 4nd be it further enacted, by the authority a- Liquor8,how
foresaid, That if any importer of the liquors in this sent from
' act mentioned, shall desired transport the same from ®"® <li»trict
one district to another, within this colony, he shall, be- ^^ *"® ^
fore lie depart out of the district wherein such liquora
shall be laden or taken on board, make oath, before the
collector of the duties in the said district, or some jus-
tice of the* peace, that he hath duly entered such li-
quors, and paid, or secured to be paid, all the duties by ,
jttiis act imposed; and also deliver, upon oath, an ac-
count of the true quantity so taken on board, to be
transported; and that he will noc take, or suffer to bo
taken on board the said ship* boat or other vessel, any
more liquors than in the said account shall be specified,
and shall likewise take a certificate from such collec-
tor, or justice of tlie peace, of the quantity of liquors
tiien on board, and that such oath hath been made
thereto; whii h certificate being produced to the col-
lector of the duties in the district to wbich the said li-
quors shall be transported, shall be a sufficient warrant
^rthe owner thereof to sell tfie same in such c)tlier
district: And all liquors on whif'b there is a duty, penalty.
which shall be transported by water, from one district
to another, and landed or sold, without pr<»ducing such
^l^ertificate as afor^aid^ to the officer into whose district
0i^ LAWS OF VIIRGNIA,
the same shall be transported, shall be liable to be seis^
ed and forfeited.
Honey, pre- XIV. And for an ejicouragement to import money
miumfopiin-iiit,^ tijig j-ol^py and dominion^ Be U further enacted,
porting. i^jiat if any person or pei'sons shall pay any of the im-^
positions, duties, or customs, accinling due by Tirtae
of this a4 1, in good and lawful mtmey, of his or their
o\vn importation into this dofninitm, and shall make^
oatli, that he or they did import the same, and did not
carry it out of this col.niy, with an intent to bring it
back again, and that it was not exclianged in any adja-
cent province, fia* monies carried out of this colony,
witJi intent to obtain any benefit thereby, such persoa
or |iersons, upon producing a (eiiiftrate of such oath,
shall have an abatement and allowance of fifteen per
cent, i^ all duties so paid and satisfied; and every col-
lector of the said duty is hereby authorised and requi-
red to make such allowance, until such sum or suins
of money imported, shall be paid away; and upon
payment of any lesser sum* than is mentioned in the
said certificate, to such collector of the duties upon li-
quors, such collector shall inchirse the sum by him
received, on the back of such certificate. *
Dnty-bonds, XV. And for preventing delays in the payment of
^^^P"'*^- the said duty, Be it enacted, by tlie authority nfarc-
midf That where any person shall become bound for
the paiment of the said duties upon liquors, and shall
tiot pay tlie same at the time limited, whether such
bond be payable to the king, or the collector of the
said duties, it shall and may be lawful to and for the
collector, t(i sue out of the general court, or the court
of the county wherein such person or his securities
I'esjiec lively i-eside, one or more writ or wiitsof Scire
Facias, in the name of the king, his heirs and succes-
sors, returnable to the said court, against the person
or persons chargeable witli the said duties, and his or
their securities, their executors or administrators, to
shew cause why execution ought not to issue against
him, them, or any of them, £6r the duties so unpaid^
and thereupon to sue out execution accoi*dingly.
Apprcmria- X Vi. ^xmI he H farther enacted, Hiat the several
ion of for- forfeitures and }icnal ties which sliall or may arise, by
HowTecove. ^*^*"^ ^^ this act, shall bfe divided into three equal
Table. parts; one third part thereof shall bo to our sove-
reign lord tlie king, his heirs and successors^ for and
FEBRUARY ir45—19tti GEORGE II. 817
itowards the better support of this government, and
the ciHitingeut charges thereof; one third part to the
governor of this colony, for the time being, to and for
hitiown proper use and behoof; and the other third part to
him or them that will inform or sue for the same; to
be recovered, with costs, by action of debt, bill, plaint,
or information, in any court of record within this colo-
ny and dotoinion; wherein no essoin, protection, or
wager of law 8hall be allowed.
XVII. Andhe it Jurther enacted f That the governor or Collector*
commander in chief of this colony, for the time being, ^^w appoint*
witli the advice of the council, sbKili be, a^^d is hei-eby ^^^'
impowered, from time to time, and at all times here-
after, to nominate, constitute, and appoint such and so
many collectors of the duties laid by this act, upon li-
quors, and also such salaries, not exceeding six in the Salary.
hundred, for collecting the said duties, as to liim shall
seem best.
XVI II. Jind be it further enacted f by tlie autliority a- Collectors to
foresaidf That all arid every such sum or sums of account with
money, which shall be raised, collected, and levied, hy ^^^^
the said duties, the necessary charges of collecting,
managing, and accounting for the same, always excep-
ted, shall, from time to time, be accounted for and
paid, by the respective collectors thereof, to the trca-
«ttrer of Virginia, for the time being, u|K)noath;^
-which oath the said treasurer is hereby impowered to
administer; and by the said treasurer accounted for
to the General Assembly of this colony, upon oath:
And that all and every such sum and sums of money, Duties an.
which shall be raised, collected, and levied, by the said propriated;
duties of two pence for every gallon of wine, rum,
brandy^ anM other (Jistilled spirits; and one penny up-
on every gallon of cyder, beer, and ale, over and above
<he necessary charges aforesaid^ arc, and shall be ap- 1^ aid of the
propriated, issued, applied, and disposed to such use taxes;
or uses, as the General Assembly, from time to time
shall think fit to direct, for lessening the levy by the
poll, or defraying any public expence, and to and for
)io other use whatsoever. And that all and every sum -eli r ^f
and smms of money, to be raised and levied out of the ^^ ^ ^.
duty of one penny upon every gallon of wine, rum, ry college;
brandy, and other distilled spirits, by this act imposed,
as aforesaid, is, and shall be appropriated to the relief
/of the college of William and Mary> in this colonyt
gl8 LAWS OF VIRGINIA,
for and duripig the' said term of eleven years; and shall
be paid, bj' tlie said treasurer, half )^earlj, in eqiisil por^
tions, unto the president and masters of the colleg^, and
their successoi-s; and ^hall be applied and disposed of
for the founding scholarships, and such other good
uses, for the better support of the college, as fay the
And to be visitors and governors of the said college, or the grea-
accounted ^p pa|.t pf them, shall, from time to time, be directed
A»embly* *"^ appointed, and not otherwise; and shall be acr
counted f(ir to the Assembly^
€k>yemor'8 XiX. JInd be it further enactedf by the atUhority a-
Maderia ex- foresaid^ That all Madeira wine, im|K)rted by his ma-
empt from j^sty's lieutenant governor, or the governor and com-
^ ^' mander in chief of this colony, for the time being, not
exceeding ten pipes in ope year, for his own use, be|
and are hereby exempted from the payn^ent of the
duties imposed upon wine impoited: Any thing in
this act contained to the contrary, nQtwith9tanding«
Collectors XXf *^nd be it further enactedf That all collectors
when to ac- of the duties imposed by this act, be, and arc hereby
«ount required to account with the treasurer, every half
year, (to wit,) on the twenty fifth day of April, and the
twenty fifth day of October, in every year, or within
fifteen days afterwards; upon pain of forfeiting oira
half of tlieir commissions, to be deducted out of their
accounts by the treasurer, and by him carried to tb^
' credit of the public treasury.
CHAP. H,
Jin Jld^ for continuing the Jlct^ intituled^ ^n Jietf for
laying a duty upon slaves, to be paid by (he buyers.
Pttm&Ait.
I.
"WTT^HERE AS, by an act of Assembly, made in th#
▼ V fifteenth year of the reign of his present mi-
jesty, intituled, an art, for continuing the «>ct, intits-
led, an act, for laying a duty u|Km slaves, to be fssA
by the buyers, several other acts therein mentionedi
were confirmed and further continued; all which
will expire on the last day of July, in the year of our
lord one thousand seven hundred and forty seven: And
the said duty having, by experience, been foimd easy
to the subjects of this colony, and no ways burthcii-
some to the traders in slaves, and at this time very
FEBRUARY ir45— 19th GEORGE 11. 819
necessary to be continued^ for supporting the public
expence:
II. Be it therefore enacted^ by. the Lieutenant Govern- Former acts
OTf Councils and Burgesses, of this present General^^^^^^^
Jlssembly, and it is hereby enacted f by theaut/iorityofthe
samef That the said reciteci act, and the several acts
therein raentionrd) for so much thereof as relates to
the duty upf»n slaves, shall continue and be in force,
from the said last day of July, one thousand seven
hundred and forty seven, for and during the term
of four years, thence next following, and no longer.
CHAP. iir.
dn Mt, to amend the act, for estailishing the General
Court; and Jar regulating and settling tlic proceed-
ings therein.
h ^WVTHERE AS, by one act of Assembly, made in Preamblc>.
▼ T the fourth year of the reign of the late
queen Anne, intitiried. An act, for establishing the
General Court; and for regulating and settling the
proceedings theiH^in, it is, among other things, enac-
tedy That the said General Court shall be lield two
times every year, (to wis) one court shall begin upon
the fifteentli day of April, if not on a Sunday, and
then on the Monday thereafter, and shall continue to
be held eighteen natural days, Sundays exclusive;
and the other court shall begin on the fifteenth day of
October, if not|on a Sunday, and then on Monday there-
after, and shall ctntinue to be hold eighteen natural
days, Sundays exclusive: And >\hcreas the busini'ss
of the said court is, of late, so greatly increased, that
the times aforesaid are not sufficient to go through
the same; and thereby suitors arc much delayed and
put to great charges: For remedy where(>f,
II. Be it enacted* by the Lieutenant-Governor, Conn-
mU aai Burgesses of this present General Jlssembly, «w4^^^^J^
it is hertipy enacted, by the authority of the same, Tiiat
for the future, one of the said couHs shall begin upon
the tenth day of April, if not on a Sunday, and then on
the Monday thereafter, and shall continue to be held
twenty four natural days, Sundays exclusive; and the
other court shall begin upon the tenth dtgr of October^
320 LAWS OF VIRGINIA.
if not on Sunday, and then on tlie Monday thereafter;
and shall continue to be held twenty four natural days^
Sundtiys exclusive. .
Fowcrofad. III. Provided always. That if the business 4>f th«
joumment gj^jj ^.^^^^ gj^j^n ^^ ended in less time than the days ap-
pointed by this art for the judges or justices of the
said court to sit, in such case it shall be lawful for them
to adjourn themselves until the next succeeding Gene-
ral c^urt.
tiays appro- IV. Jind be it further enacted, by the authority a-
priatedfor foresaid,^ That the first five days of every General
commorTlaw p^"**^» ^® appointed for hearing and determining suits
aujts. in chancery depending in the said court, appeals fronof
decrees of the county courts, or other inferior courts,
in chancery, and writs of supersedeas to such decrees;
and that the other days be appointed for trying suits or
prosecutions, on behalf of his maj[esty, and all other
matters whatsoever, there depending; anrf the derk
of the court is hereby required to regulate the Docket
accordingly, proportioning the said suits and causes to
Docket, bow such of the said days as will be most convenient: And
raadc up. that instead of the return days, now by law establish*
ed, pmcess at the suit of his majesty on criminal pro-
secutions, be returnable to the sixth day of every Gre-
neral court; process on petitions for lapsed land, to
the seventh day; appeals from decrees in chancery
obtained in county courts, or other infcrinr courts, to
the third day; a{)peals from judgments of the last
mentioned courts, to the eighth day, instead of the
sixth day; to tlie ninth day, instead of tiie seventh
day; to the tentli day> instead of the eighth day; id
the eleventh day, instead of the nigth day; and to the
twelfth day, instead of the tenth day: And that alt
writs of supersedeas, and writs of error^ to such de-
(^rees or judgments, be returnable to the same day as^
appeals4hei*efrom; and all other writs of subpomas in
chancery, and other process, to the first and twentietb
days of every General court
ftcpealing V. And be it further enacted^ by the authority afore^
c^use. said. That so much ot tlie said recited act, and of any
other act, as is contrary to this act, be, and the same
is hereby repealed, and that this act shall conunence
and be in force, on the last day of May next^
Preamble.
FEBRUAT 1745—1 9th G£ORGE II. gat
CHAP. IV.
Jtn Act, for the revisal of the Laws,
It VXTHEREAS the acts of Assembly oftbis colony,
T T lie in great disorder and conFusion, by reason *
many of them are altered and explained, and others
repealed: And whereas it is necessary that the said
laws should be revised, and a new impression thereof
made, but such revisal cannot conveniently be effected
during the session of an Assembly, without bringing a
great and ei^traordinary charge upon the inhabitants
of thia dQminiQPi and it will be the most proper and
easy method to perform the same, by appointing a joint
committee of the Council and Burgesses, to b^in and
compleat the same:
II. Be it enacted bu the Lieutenant-Chvemor, Ctoiin- n^ . i r
cU, and Burgesses, of this present General Assembly ^ and ^^^^l
it is hereby enacted oy the authority oj the sanUf That
John Robinson, John Blair, and William Nelson, es-
Juires, members of his migesty's honourable council;
ohn Robinson, esquirej^ Hr. Secretary Nelson, Rich-
ard Randolph, William Beverley, Beverley Whiting,
and Benjamin Waller^ gentlemen, members of the
house of burgesses, or any six of them, whereof two to
be of the council, and foqr of the house of burgesses,
shall be, and are hereby t^ipointed a committee, for
the revisal of the whole body of the laws of thia his ma-
jesty's colony and dominion; and that George Webb,
gentleman, be clerk of the said committee: Which Power ofi
committee, by virtue of this act, shall have full power
and authority^ to revise, alter, and amend, all or any of
the said ^ws, and reduce the same into bills, in such
manner and form as they shall think fit and necessary;
which said bills shall, by the said committee, be re-
ported to the next meeting of the Assembly after the
aaid laws shall be fully revised. And to prevent any
delay which may happen, in the proceedings of the
said committee, by reason of the death, departure out
of the colony, or any other disability of the members
thereof;
III. Be it further enacted by the authority afore- ^,^j^^ ^^^^
said. That the number of three councillors, and six ber may act
burgesses, to constitute the said committee^ shall, from
R B— Vol. 5.
82a LAWS OF VIRGINIA,
time to time, be kept full and entire: And if anj
member of the council, appointed to be of the said
committee, be so disabled, another member of the
council shall and may be appointed, in his stead and
how^ppU- pl*^^^» ^y the governor or commander in chief, for the
' ed. time being; or if any member of the house of burgess-
es, appointed to be of the said committee, shall be so
disabled, then the speaker of the house of burgesses,
or in case of his death or disability, the major part of
burgesses of the said committee which shall be present
at the next meeting after such disability, shall be, and
are hereby impuwere4, to elect and choose a burgess
or burgesses, to supply the place and stead of the bur-
gess or burgesses so disabled^ which said councillor
or councillors, burgeas or burgessess, so appointed and
chosen, shall be, and are hereby declared, members of
the said committee, as if he or they had been, by this
act, particularly nominated and appointed: And in
case of the death or disability of the said clerk, the
greater part of the said committee, who shall be pre-
sent at tlie next meeting after such disability, shall
have power to choose and appoint another in his stead.
1»roviao. '^* Provided alwaySf That no person whatsoever,
either Councillor or Burgess, shall be enabled or ad-
mitted to give any vote, or have any voice, at any of
the meetings of the said committee, other than those
persons who are or shall, from time to time hereafter,
b> virtue of this act, be appointed or chosen to attend,
as members of the said committee.
Where to V. ^nd be it further enacted, by tlie authority afort'
meet. said. That the^id committee shall meet, at the citsr
of Williamsburg, upon the fourth Monday in July next,
and shall sit, from day to day, as long as they shall
think necessary, at any of their meetings; and all ad-
journments, other than the next day, not being Sun-
day, shall be made to the fourth Monday of every sue*
ceeding month: And if the revisal of the whole body
of the laws, be not completed by the end of the siud
meeting of the said committee in November next, then
they shall have full power and authority, by virtue of
this act, to adjourn themselves to the fourth Monday
in March fallowing; and then afterwards shall pro-
ceed, from month to month, in manner as is before ex**
pressed.
FfifiRUAtlY 1745— 19th (}£ORG£ If* 828
VL Provided always. That if by badness of weath- No disconti-
er, sickness^ or other accidents^ it should so happen,"***"^**
that a full number of the said coaimittee should not
meet) sufficient to act as a committee, or to adjourn^ at
any of the time or times before expressed, the said ^
committee shall not be thereby discontinued; but they
shall and may meet and act the next day followingy or on
the fourth Monday in the next month, as if the said
committee had really and actually adjourned them-
selves to that time: And also, if any member or mem-
bers of the said committee, either Councillor or Bur-^^^^^^,
gess, shall be disabled in manner aforesaid, the said mined,
committee, or the greater part of them present at the
next meeting after such disability, shall judge of the
said disability; and if they find it necessary, shall
make application to the governor or commander In
chief for the time being, or to the speaker, for the
filling up of such number, in manner aforesaid; and
until such application be made, the governor or com*
inander in chief, for the time being, or the speaker,
may not appoint any such member or members, in man-
ner aforesaid: Any thing in this act to the contrary^
in any ^ise, notwithstanding.
VII. ^nd be it further enacted, ftv the authority o-
/oresaid, and it is hereby enacted. That if this pi'^sent^^J^^^^.^^^^
General Assembly should be hereafter dissolved, be- by dissoltion
fore the whole body of the laws of this his majesty's of Aaaembly.
colony and dominion be revised, the said committee
shall not be thereby discontinued; but the governor
or commander in chief of this his majesty's colony
and dominion, for the time being, and the speaker pf
the present house of burgesses, or in case of his disa-
bility, the greater part of the committee then sitting,
shall and may appoint any member or members of the
council, <jr any burgess or burgesses of the present
hou^ of burgesses, in case of any disability, as afore-
said, in manner aforesaid, as if the said Assembly had
never been dissolved.
VIII. Mdbe it further inacted, by the authority .
aforesaid, and it hereby enacted. That the said con*-^mmitteeto
mittee shall be, and is hereby authorised and impow- send for per-
ered, to send for any persons, papers, records, or co- ioiw, papers
pies of records, by warrant, under the hand of any one •^ records,
of the council, and two of the burgesses of the said
committee: And if any officer, or other person or peiv
824 hASVS OF VIRGINIA.
sonSy shall neglect or refuse to obey any sacb wari*anfy
as afoi*esaid, he or they so offending^ and being there^
of lawfully ConTicted» shallf for every such offence,
forfeit and pay the sum of twenty pounds Sterlings to
the king's most excelletit majesty^ his heirs and suc-
cessors, for and towards the defraying the charge of
the said revisaU and to no other Ulre# intent, or pur-
pose whatsoever: To be recovered by* action of debt,
or information, in any court of record in this his ma-
jesty's colony and dominion; in which no essoin, pro-
tection, wager of law, privilege, or imparlance, shall
be admitted or allowed.
Present laws IX. Provided always, and ittstht ttiie intent and
forcc°^ia- ^^oning of this act. That notwithstanding the powers
tercd by As^ given by tliis act, to the said i*eirisors, the laws of Vir-
«emb]y. ginia shall standi remain, and be ifi fbrce, as now they
are, until they shall be repealed, abrogated, made
Void, amended, or altered, by act of Assembly; and
that all bills, of what nature soever, that shall be repor-
ted by the said committee of revisors, as aforesaid^
shall be construed a,nd deemed not to have any force
or authority until they have had their formal readings,
and are made laws by an Assembly^ Any thing in
this act to the contrary^ in any-wise, notwithstanding.
Ueport'ofre- And that the services of the said committee, andderk,
Sr"o^ al ^ ^'* reasonable and incident charges, be, at the
reaS^nM* "^^^ sessioh of Assembly, considered, rewarded, and
&c. ' allowed; and so from time to tine, as they shall re-
port to the succeeding Assembly or Assemblies^ till alt
the laws be revised^ as aforesaid*
CHAP. V.
•^n ^d, for further amending the Ad, intitviedf Jin
Ad, for redudng the Laws made for amending the
Staph of Tobacco; and for preventing frauds in hie
majesty^s customs into one Act of Assembly.
Preamble. '• \TUrHEREAS by an act, made in the fifteenth
▼ T year of the reign of his present majesty, in-
tituled, An act, for reducing the laws made for amen-
ding the Staple of Tobacco; and for preventing frauds
in his majesty's customs, into one act of Assembly, a-
mong other things it is enacted^ Thattbe iospc^ctors
FEBRUARY 1745— 19th GEORGE II. 325
shall make every hogshead of Tobacco^ paid away in
discharge of any transfer note by them given, to con-
tain eight hundred and fifty |>ounds neit; and it being
now found exp^ient to alter tlie same, and prize To-
bacco to a greater weight: 0
II. Be it therefore enacted^ by the LteutenajU-Gavem' ^^^^^^^ ^.
or 9 Councdf and Burgesses^ of this present General As- \^^^ to be
sembljif and it is herdnf enactedf by the autliarity of the made crop.
samef That all inspectors, from and after the ninth ,
day of November next, shall, and they are hereby obli-
ged to make every hogshead of Tobacco by them paid
away, in discharge of transfer notes by tbem given, to
contain nine hundi*ed and fifty pounds nett at the least;
and where any light crop Tobacco shall hereafter be
passed, the inspectors passing the same shall, if requi<^
redf as soon as they conveniently can, without fee or
reward, permit the owner thereof, or other person, to
make use of one or more of their prizes, to make the
same heavier. And whereas, by reason of the large
qnanity of Tobacco brought to the warehouses at
Page's, on Pamunky river, it is thought necessary to
have another inspection at or near that place:
III. Be it there/ore enacted, by the authority afore- Warehouies
said^ That from and after the said ninth day of No- etubliihed.
vember, a public warehouse be erected at Crutchfield's
upper landing, on the land of Mann Page: And that
the rent thereof be eight pence per hogshead.
lY. And be U farther enacted. That the warehouses warehouses
at Hog-Neck, in James-City, county, and at the Brick- disjoined.
House, in New- Kent county, now under one inspection,
be disjoined, and made two inspections: *
y. And for the better settlement of the salaries of Inspectors
the inspectors hereafter mentioned, Be it further en- «»lftrics.
actedf That the same be established for each inspector
according to the following rates: .
Founds per annum.
At Page's, 40
At Crutcliiield's upper landing, 40
At the Brick House, ^5
At Hog Neck, 20
VI. And whereas large quantities of Tobacco have -what wace-
been damaged, by tlie flowing of the tide into many houses to
warehouses; for prevention whereof for the future, ^v® floors
Be it enacted, by the authmty aforesaid, That where '***^*
any public warehouse is built so near any river, or
326 h/LVfS OF VIimiNI A,
creek, that the Tobacco brought thither majr be iff
danger of being destroyed, by the overflowing of sacb
river and creek, tlie respective courts of the countieel
where any such warehouse' or warehouses, arc, shall,
and are hereby flthorised and required, to direct the
floor or floors of such warehouse or warehouses, to
be raised* in such manner as to them sliall seem best
CHAP. VI.
Jin Actffor the better regtUating and eoUectiug certain
Officers Fees; and other purposes therein faentionti*
I. 13 £ it ejiactedf by the Lieutenant Groremor, (Joun'
M3 dlf and Burgesses, of this present General A-
seThbly^ and it is hereby enacted by the authority of the
samCf That from and after the commencement of
this act, it shall and may be lawful to and for the se-
cretary of this colony, for the time being, and all coun*
ty court clerks, sheriffs, coroners, constables, and sur-
veyoi-s, respectively, to demand^ receive, and take the
several fees herein after mentioned and allowed, for
any business by them respectively done, by virtue of
their several offices, and no other fees whatsoever:
That is to say,
To the Secretary.
h s. d.
Secretaries 1*'"^ making out, sealing, and recording, at
fee. large, a patent for land, before the same
shall be recorded, 0 8 0
For making out, sealing, and recording, at
large, a patent commonly called a dou-
ble patent, before the same shall be re-
corded, ^
For parchment for every patent.
For recording every warrant to an esclicat,
and the inquisition thereupon.
For a copy thereof, the same.
For every pass,
For every fi-eedom for a ship or vessel,
For every testimonial.
For every writ, in the nature of an M q^iod
0 12
0
0 2
6
0 11
6
0 10
0
0 10
0
0 10
0
FEBRUARY 1745— 19th GEORGE IL 82T
Damnum, to be paid upon issuing such
writ, 0 5 0
For recording the same^ with tlie inquisi-
tion thereupon, to be p^id before inqui-
sition be recorded, 0 11 6
For a copy oF such writ, and inquisition, to
be paid down, ~ 0 5 0
Pounds of Tobacco.
For taking a bond, upon issuing injunctions in
chancery, 25
For a copy of a double patent, 40
For a copy of any other patent, ' SO
For the probation of any testament, and recor-
ding the same; for entering the orders for
appraising the estate, reconiing the inven-
tory, writing and sealing the probate, or any
other matters concerning the same; or for a
commission of administration of the goods of
any person dying intestate; for entering the
order or orders for appraising the estate, re-
cording the inventory, or for any other mat-
ter concerning the same* where the appraise-
ment doth not amount to above one hundred
pounds, 200
Or where the appraisement exceeds one hun-
dred, and is under five hundred pounds, SOO
Or where the appraisement exceeds five hun-
dred pounds, or there is no appraisement, 400
For a copy of a probate, or commission of ad*
ministration, 40
For recording the certificate of a probate, or
administration, 40
For a copy of a will, or inventory, 40
And if the original is contained in more sheets
than one, for a copy of every such sheet, SO
For every hue and cry, signed by the governor, SO
For a copy of an act of Assembly, 40
For a copy of an account, 20
For recording of a deed or deeds for <iie con-
veying or settling any lands or tenements on-
ly, or together with slaves or personal estate,
or any way concerning the same, acknow-
ledged or proved in the General Court, 150
For a copy of such deed or deeds, with the in-
828 LAWS OF VIRGINIA.
dorsements thereon; and for a certificate of
the acknowledgment or proofs and recor-
din^f 90
For issuing a commission to take the acknow-
ledgment and privy examination of a feme
covertf and recording it^ with the return of
the commissioners, 5t^
For a copy thereof, 30
For recording a deed concerning slaves, or any
personal matter only, 70
For a copy thereof, with a certificate of the ac-
knowledgment or proof, and recording, 40
For recording a letter of attorney, acknowledg-
ed and proved in the General Court, and eve-
ry thing relating to it, 70
For a copy thereof, 40
For recording a bond, with condition, other
than for performance of covenants in deeds of
conveyance, or settlement of land, 40
For a copy of a bond, with condition, SO
For recording a certificate of rights, 15
In Mtions, and other Suits.
For every dedimus potestaUm, writ of error, SU'^
persedetLSf or scire JdciaSf - 25
For taking bond, on issuing a writ of error, or
supersedeas, fts
For every other writ, in any action or suit what*
soever, 20
For entering the sherifs return, and entering
the bail by him returned, in the rule book, 20
For entering special bail, 20
For entering the persona] appearance of the
plaintiflf or defendant, or the appearance of an
attorney for either party, 10
For entering security for costs for persons out
of the country, 20
For filing a declaration, and every plea or de-
murrer, in any cause, to the mtJLing ap of the
issue, and for filing errors upon appeals,
writs of error, or supersedeas, 20
For a copy of every declaration, ^ea, or demur-
rer, or of errors, 20
For every rule, entered in the rule book, 20
VE^fttARt l745-.19ai GEORGE tl 829
For a copy of every rule, 10
For every iirder in courtf before tryal» 10
For a copy of the same, .10
For filing papers of each party^ in any action or
suit 9 15
For docketing every cause on the docket^ to be
charged but oncot 10
For every tryal, swearing the jury and witnes-
sest and recording a general verdict^ 50
For administryigan oath or affirmation in conrt*
except witnesses, to a jury^ ^ 10
For every tryal where there is a special verdict,
swearing the witnesses; and jiiry, and recor-
ding such verdict, 75
And where there is no jury, bat a case agreed, S5
For swearing witnesses for each party in every
cause, where there is no jury, 15
For a copy of a case agreed, or notes of a spe-
. cial verdictf ^5
For entering every ^ order made in court* after
verdict or demurrer joined, 10
For entering every continuance on the court
docket, 10
For entering every judgment, 10
For recording the report of auditors, when it is >
desired, ^0
For making a compleat record in every oiuse,
inserting a case agreed, or s|iectal verdict at
large from the notes; and all deeds and o-
ther evidences at large; for every twenty
words, 1
For a copy thereof, or any part thereof, the
same*
For filing bill, answer, replication, or other
pleadings in chancery, each, 15
For a copy thereof, for every twenty words, 1
For entering every decree, 10^
For drawing up every decree at large, entering
the substance of the bill, answer, and other
pliadings, the substance of the evidence, and
the decree thereupon, for every twenty
words, ^
For filing the depositions in every cause, in be-
half of each party. 15
S e— VoK 5.
330 LAW8 0F VIROINU,
For a copy of the depositions, for every twenty
words, I
For a recognizance in court, 20
For entering an appeal to England and taking
bond, 50
For filing the record upon an appeal, writ of er-
i*or, or supersedeas, fi-om a county court, or
any inferior court, 15
For a copy of such record, for every twenty
words, J
For tiling the return of a certiorari, or habeas
corpus, 15
For taxing the costs In any action or suit, and a
copy tliereof, 20
For wery petition for lapsed land, for writing
it, ^d issuing a summons thereon, so
For every order thereon, 15
For recording any thing not herein particularly
mentioned, or for a copy thereof, for every
twenty word^, I
For a search for any thing, if above a year's
standing, or reading the same, or any part
thereof, if required, 10
For every order to a witness for attendance,
to be charged to the party against whom such
order goes, 1q
II. Which said several fees herein before expressed,
shall be charged to tlie party at whose instance the
business shall be performed, except where it is otlier-
wise directed: And that the fees herein after mention-
ed and allowed to the secretary, shall be charged to
the several counties respectively for whose service the
business shall be performed; and shall be by the jus-
tices levied on the inhabitants thereof: That is to
say.
For a commission of the peace, and dedimus, to
administer the oaths and recording the same, 160
For a commission of oyer and terminer, and de-
dimus, to administer the oaths, to be repaid
the county by the public, lOo
For a writ for electing of Burgesses, 350
For filing an inquisUion, on view of a dead body,
and recording the same; which shall be re-
paid the county out of the estate of the de-
ceased, if sufficient, 50
FEBRUARY 1745— 19th GEQROE IL - 881
3b the County Court Clerks.
Pounds of Tobacco.
For taking a bond upon issuing injunctions in County
chancery, 20 ^^ <^^«**
For recording deeds of lease and release, for
conveying or settling of lands only, or togeth-
er with slaves and personal estate; bond to
perform covenants; certificate of the proof,
or acknowledgment, as the case is; and all
matters relating thereto, 150
For a copy thereof, 55
For recording every deed of feoffment, or bar-
gain and sale, or other singls deed, for con-
veying or settling lands and tenements only,
or t4>gether with slaves and personal estate;
bond to perform covenants; certificate of the
proof, or ackno>\ledgment, as the case is; and
all matters relating thereto, 100
For a copy thereof, 40
For issuing and recording a commission to take
the acknowledgment and privy examination of
a feme covert, with a certificate of the com-
missioners, if such commission be required, 40
For a copy thereof, 20
For recording a patent, 50
For a copy thereof, 25
For recording a deed for land from the propri-
etors of the Northern Merk, 50
For recording a deed concerning slaves, or any
personal matter or thing only, with the cer-
tificate of its proof for acknowledgment, 40
For a copy thereof, 30
For recording a letter of attorney, 30
For a certificate of the proof or acknowledg-
ment thereof, 10
For a copy of i^ letter of attorney, with such
certificate, 25
For recording ^ bond, with condition, other
than for performance of covenants in deeds
of conveyance, op settlement of lands, 20
For a copy of a bond, with condition, other
than an appeal bond, thesame.
For a copy of any other obligation or promisso-
ry note^ 10
382 LAWS OP VIROINIA,
For the probatton of any will or teatament* and
recording the same; entering the order or
orders for appraising the estate; and for a-
ny uthf r matter concerning the Srime^ where
tlie will shall be contained in one sheet, 40
And if the will is contained- in more than one
sheet, for every such sheet, S&^
For a commissiim of administration of the
goods of any person dyin^ ii^tesiate; for en-
tering the order or orders for appraisement;
and for any other matters Ci«ncerning the
same, 40
For recording an inventor}*, where the appraise-
ment doth not amount to above ten pounds, 10
'Where the appraisement exceeds that value,
and is tinder fifty pounds* 50
And where it shall exceed fifty pounds, and is
under one hundi*ed pounds, 100
And where it shall exceed one hundred pounds,
or there is no appraisement, S50
For a copy of a will or inventory, if the origi-
nal is contained within one siieet, SO
If the original is contained in more sheets tlian
one, for a copy of every such sheet besides
the first, 80
For a copy of an act of Assembly, 40
For recording the age of a servant or slave, ad-
judged in court, 10
For a certificate thereof if required, t
For a certificate of any person's departure out
of the country, If
For attending a court for examination oC crlm^ '
inals, and trial of slaves, if the court is held
for that purpose; to be paid by the coun-
ty and repaid by tlie public, 800
For a copy of a list of tithables, taken by a jua»
tice ill his precinct, £0
For the wholt- fee for an ordinary license and
bond, 50
For a copy of the rates of liquors, 1 5
For a marriage license, certificate, and bond, fCT
For pnivtng rights for land, produced at one
time, and belonging to one person^ and certi-
ficate thereof, IS
For ^very search for any thing, above a year^
fEBRUART ir45— 19th GEORGE U. 333
standings 5
For reading any thingt if a copy be not reqnl-
redy 5
In JeHons and other SuiU.
Pounds of Tbhaccou
For every writi other than such as are herein
after particularly mentioned, 10
For a copy of sach writ, 5
For every writ of execution, or scire faciaSf 15
For a ccipy thereof 8
For recording the return thereof, 8
For a writ of attachment, in any action, * 15
For recording the return thereof, 15
For an attaihroent* granted by a justice of the
peace, returnable to the court, and recording
the return, and putting the same on the docl^-
et, 20
For every summons, to summon a garnishee on
such attachment, 10
Filing every bail bond, or entering the bail re-
turned, 10
For docketing f very cause, except by petition,
to be paid but once, 5
For a copy of the return of any writ, S
For entering special bail, 10
For entering security for costs; for persons out
of thecoantr}, 10
For entering the appearance of the defendant or
defendants, where there is no attorney in any
suit, except by petition, 5
For entering one or more attomies for each
party, 5
For every petition, declaration, or other plead-
ings, except in suits by petition, ^r debt, de-
tinue, assumpsit, or trover, 10
For a copy of any declaration, special pleading
or demurrer, 10
For a copy of a plea, if the general issue, S
For every trial, swearing the jury and witnes-
ses, llling all papers, and recording a general
verdict, 40
For every trial, where there is aspecial verdict.
\
834 I-AWS OF VIRGINIA,
or case agreedt and recording the same, 65
Forswearing the witnesses inevery other cause^
where there is no jury or case agreed, except
by petition, 10
For filing thepaperd of each party, in every cause
except by petition, and where there is a jury
or case agreed, 10
For a copy of a special verdict, or case a-
greed, and every thing therein set forth, or
for making up a full and complete recorcfy
for every thirty words, 1
For entering every judgment, or for a copy
• thereof, 10
For filing a bill, answer, replication, and other
' pleadings in chancery, for each, 10
For a copy thereof, for every thirty words, I
For a commission to examine witnesses, 25
For attending, and writing depositions taken a-
gainst inspectors, before justices of the
peace, 100
For entering every decree in chancery, 15
Fer filing the depositions in any suit, for each
party, 5
For every deposition taken in court, 10
For a copy of a deposition* 10
For administering an oath in court, not relating
to tlie trial of any cause there depending, and
certifying the same, 10
For every recognizance in court, 10
For entering the order or orders, in any cause,
in one court, 15
For entei*ing every order for attendance of wit-
nesses, 10
For a copy of any order, 10
For recording the report of a jury, in the coun-
ty, surveyor, auditor, or viewers. 20
For a copy thereof, £0
For taxing costs, to any judgment or decree,
where costs are recovered, or for a copy of a
bill of costs, if required, 11
For a copy of an account, 10
For entering an appeal, and taking bond to pro-
secute it, 20
For a copy of the bond, 10
For returning an appeal, and security, to the
secretary's office,
FEBRUARY 1745— I9th GEORGE JI. 385
For returning writ oferror^ supersedeas, certu
ararif or habeas corpus. 20
For a cofy of the proceedings of the cause,
wherein the appeal is granted, for every thir*
ty words, , 1 -
For recording the acknowledgment of satisfac*
tion of a judgment, 10
For entering each order, for a witness's atten*
dance, to be charged to the party in whose
behalf the witness is summoned, and taxed in
the bill of costs, if such party recover, 10
For a copy thereof to be taxed and charged in
like manner, 10
For an atta< liment thereon, to be charged to the
party 'against whom such attachment shall
be issued, 10
For the whole fee chargeable, for every petiti-
on,fordebt,detinur, assumpsit, or trover, and
all the pi*oceedings therein, including a copy
of the judgment, and taxing costs, if required,
except the respective fees, for summoning
witnesses, entering attomies, for every order
for continuance, and for issuing execution,
where any of those matters happen, 50
For entering an attorney in such fietitions, to
be paid by the party by whom such attorney
shall be employed, and not to be taxed in the
bill of costs, 5
For a summons for several witnesses, living in
one county, if summons's for all betaken out
at one time, 1€
For recording any thing not^herein particularly
mentioned, or for a copy thereof, for every
thirty words, 1
For the acknowledgment and proof of any
deed, in the county C4>urt, and for certifying
the same, to be recorded in the General
Court, 30
III. And if any plaintif, or defendant, or his or her
attorney, shall take out copies, of his or her own de- Costa of oh
claration or pleadings, or of his or her own papers, inPi^^-
any cause, or of any common order made in such cause,
the charge of such copies shall not be allowed in the
bill of costs, although such party recover: And where
more attornies than one shall be employed, in any cause
386 J-AWS OF VIRGINIA.
on one aide, if such atiomiefl take oot more than one
copy of any tliin,ii^, necessarily relating to the suit* yet
no more than one copy shall be allowed in the bill of
costs; neither shall the clerk tax any fee, in the bill of
costs, for entering any more than one attorney, al-
though costs shall be adjudged against the adverse par-
ty.
For all public services of the clerk, vis. enter-
ing and issuing copies of orders, for appoin-
ting surveyors of high ways, appointing con-
stttbles, grand juries, taking the list of titha-
bles, entering guardians acx^ounts, and all
matters relating thereto; binding out poor
orphans, and appointing guardians, entering
the levy, and copies thereof, and of the list of
tithables for the collector; and for entering
and issuing the orders, except against guar-
dians, where they shall stand out in contempt,
to be charged to such guardian; and issuing
the orders for recommending sherifs, and
justices and for processioning, and all other
public services, for whi(*h no particular fee
is alliiwed: To be levied annually, by the jus«
tices of the county, besides cask, « 1200
^ IV* And when any person or persons, presented by
Costs on pre. the grand-jury, or prosecuted by the church- wardens,
scntmcnts of ^haii be discharged from any such presentment or
S3rpww'^!l*«^*«^'"tion, the clerk shall charge no fees for the
lions of same, or any matter relating thereto; but the same
church war- shall be deemecl to be includod in the public services:
dens. YkvX if the par^ or parties so presented or prosecuted,
shall be convict, then in such case, the clerk shall
charp;e him« her, or them, so convict, with all the fees
accniiug thereon.
Onsuitsbro*t V. A^d where the treasurer, for the time being
by tre»stirer,g||g|| prosecute or suc any person or persons, for du-
ties due or owing to him, and shall recover judgment
upM«d? «*•»»»«* '"«♦ her, or thera, the clerk of the court
wfierein such suit shall be br*ought, shall, and is
hereby required, to charge all the fees accruing there-
on, to the person or persons against whom such judg-
ments shall be obtained: And no county court cleriL
shall charge toy fee, for making up a complete record,
unless it be in causes where the title or bounds of land
are determined, or when he is to transmit the trans-
i?^BRUARt 1 745— 19th UEOROB IL 88*
cript of the i^cord of any t;aus(P to the secretary's of-
fee, upon appeals, or writs of error, habeas torpuSf
smperiedeaif or ttrtiarari.
VI. And to the end, all persons chargeable with ^^^.1,511^ ^
any of the fees aforesaid, may certainty know for what beproduced^
the same ai*e charged: Be U Jurther enacted. That
none of the fees herein before mt^ntfionod, shall be pay-
able* by any person whatso^yer^ until there shall be
produced* or ready to be pr«idaced, ant(> the j^ersoii
owing or chargeable with she same, a bill or account,
in writing, containing the particulars of such lees,
signed by the clerk or ofllcer to >^hom such fees shall
be due, or by whom the same shall be charge-
able, respectively; in which said bill or account, is
and shall be expressed in Words at length, and in the
tame manner, as the fees afbre^^aid are allowed, by this
art, every fee, for which any mAiey or tobacco is or
diall be demanded.
To the Sheriff.
Paundi of TMIbaeeo*
For an arrest, bond, and return, 30 Sbefiffii fees.
For returning a capias^ non est inventus, 10
¥t)T serving a sdrefidaSf 1 5
For serving any person with an order of courts
and making return thereof, 15
For pillorying any person, 20
For putting into tlie stocks, 10
For ducking any person, ^0
For putting in prison, and rel^asement, 20
For serving a mbpotnUf in chancery, ^ 15
For serving a summons up<m a petition, for
debt, detinue, assumpsit, or trover, 15
For serving a wftpoena, for a witness, in any
cause in court, except snmmoned in conrt, 10
For summoning an appraiser, auditor, viewer,
or witness, to any deed, will, or writing, if
required to be summoned, but not else^ 10
For summoning and impannelling a jury, in c-
very cause wherein a jury shall be sworn, 50
For going to 'Williamsburg* for a commission
of Oyer and Terminer, for every mile, besides
ferriages, to be paid by the county, andw-
T T—Vol. 5.
S8g LAWS OF VIRGINIA,
paid by the public, t
Tiie same for returning.
For coining to, and attending the General
Court, with the venire, and return of the
ifenhrefadaSf the same as is allowed to a venire
man; to be paid by the public; and for at-
tending the ueneral Court, with stolen goods,
where there is no venire, the same.
For summoning the justices of the county, and
attending the Court of Oyer and Terminer,
or for the examination of a criminal; to be
paid by the county, and repaid by the public 2W
Fpr the removing of every criminal, from the
county goaU to the public goal, for every '^
mile; to be pafid and repaid as aforesaid, $
For removing a d€%tor, by habeas corpus, from
the county goal to the public goal, for every
mile, £
For executing every condemned person, and all
fees incident; to be paid and repaid as afore-
said, 25Q
For summoning a jury upon any inquisition,
survey, writ of dower, or partition, ' if the ju-
ry appear, • 150
And if the jury do not appear, 75
For tnaking a return of a writ of dower, par-
tition, or in the nature of an ad quod damnum, 5#
For every days attendance upon a jury in the
country, after they are sworn, or attendance
upon a surveyor, when ordered by the court, 5^
For serving a writ of habere facias seisinam, or
habere facias possessionem, 50
For serving an attachment upon the body, SO
For serving a declaration in ejectment, if a-
gainst one tenant, 30
And if against more tenants than one, for ser-
ving the declaration on every other tenant, 15
For wbipping a servant; to be paid by the own-
er, and repaid by the sewant, *•
For whipping a free person, by order of court;
to be paid by such person, the same.
For whipping a slave, by order of court; to be
paid by the county, and repaid by the public, Sft
For serving an execution for any debt due in to-
bacco^ five per cent, for the first Ibousamfi two
nSBRUART ir45~19tti GEORUE H. 88ft
per cent for all above one thousand pounds:
. If due in money, five fear cent, upon the first
hundred pounds; and two per cent* for ail
above one hundred pounds. * ^
Vor serving an attachment upon the goods ex^
ceeding three pounds^ if sold» the same fee aa
for serving an execution; wiiere the goods
do not exceed that value, or are not soldt 30
For every garnishee summoned on such attach-
ment, 10 '
For serving and returning a general court writ,
summons^ or order, where the same is not
comprehended in any of the foregoing iirticles, SO
For making proclHmation» ^as the law directs,
in proving of wills, or proceeding to outlawry, £0
For selling a servant at public outcry, by order
of court, and all fees incident, 20
For keeping and providing for a debtor, in goal,
each day, 10
For keeping and providing for a runaway, or
criminal, in goal, each day; to ^e paid by the
county, and repaid by the public, 5
For serving a justice's warrant, 10
For summoning a witness before a justice,, 5
For all public services of the sheriff; (to wit,)
attending the courts of claims and grievan-
ces, impannelling grand-juries, publishing of
writs for electing of Burge^es, and atten-
dance; serving all public orders of court,
except against guardians, where they shall
sta^d out in contemptf to be charged to such
guardian; and all other public and county
service: To be levied annually, by the justi-
ce^ on the county; besides cask, 1200
VI|. And when any person or persons, presented by On pretent-
the grand* jury, or prosecuted by the church-wardens, n^ntii ^
diall be discharged of such presentment, or prosecuti*
on, the sheriff shall charge no fees for the silme, but it
shidi be deemed to be included in the public services;
but if the party or parties, so presented, or prosecuted,
ahall be convict, then, in such case, the sheriff shall
charge him, her^ or them^ so convict with all fees ac*
croing thereon*
g4«i LAWS OF vmarNf A.
2b the Coroner.
Pfnmds of Taiacct^
Corcmen ^^^ taking an inquisition on a di*ad body; to be
f^g^ paid out of the dt-ceased's estate, if the same
jbe suflBrtent, if not, by the county > 13d
For all other business, done by him, the same
fees as are allowed the sheriff for the same
services.
To the Constable.
^^P"**p'^ For summoning a witness, 5
i* For sumra'ining a coroner's jury, and witnesses^ 50
Ftir putting into the storks, 10
For whipping a servant; to be paid by the own-
er, and repaid by the servant, 10
For ser% ing an execution, or attachment, re-
turnable before a justice, 10
^or serving an attachment, returnable to the
county court, against the estate of a debtor,
removing his effects out of the county, M
For whipping a slave; to be paid by ttie over-
seer, if the slave is under ^n overseer, if not,
by the master, one shilling, or 10
For removing any person, suspected to become
chargeable to the parish; to be paid by such
parish, for every mile, d
The same for returning,
3b the Surveyor.
Survevon Pounds of Itihaeco*
fees. ^ For everv survey, by him made, plainly bound-
ed, as the law directs; and for a plat of such
iBurvey, after the delivery of such plat, v^ere
the survey shall not exceed one thousand a-
cres of IfTnd, 900
For every hundred acres. Contained in one sur-
vey, and above the first thousand, 30
' For surveving a lot in town, HO
' And wher^ the surveyor shall be stopped or hin-
dred, from finishing a survey, by him begun;
to be paid by the party who required the sur*
vey to be made^ 250
FEB RUARY ir45-.t9«i GEORGE 11. 341
For mnninja^ a dividing line, , 250
For surveying an acre of land, for a milU 100
For every survey of land formerly patented,
and which shall be required to be re survey-
edy and for a plat thereof, delivered as afore-
said, the same fee as for land not before sur-
veyed: And where a survey shall be made
of any lands which are to be added to other
lands, in an inc^lusive patent, the surveyor
shall not be paid a second fee, for the land
first purveyed, but shall only rei eive what the
survey of the additional lands shall amount to.
And where any sufveys liave been actually
made, of several parcels of land adjoining,
and several platii delivered, if the party shall
desire one inclusive plat thereof, the survey-
or shall make out such plat, for ten shillings.
For running a dividing line between any county
or parish; to be paid by such respective
counties, or parishes, in proportion to the
number of titbables, if ten milesi or under, 1000 /
And for every mile above ten, 50
VIIL Prrroided always^ and be it enacted^ That onamgii*
. where any person shall employ a surveyor, and shall menu of
have received a plat of the lands surveyed, and after- P^^ *'*•
wards shall assign the land to any other, either before
or after obtaining a patent for the same; if such per-
son, for whom the land was first surveyed, shall not
have paid for the said survey, it shall and may be law-
ful, for the sheriff of the county wherein such assignee
shall reside, at the instance of such surveyor, to make
distress upon the slaves, goods and chattels, of such
assil^nee, in like manner as is hei^ein after provided, for
surveyors^ or other officers fees, refused or delayed to
be paid.
IX. JInd he it further enacted. That the clerk of the Table of fees
secretary's office shall cause to be set up, in some pub- to be setup,
lie place in that office, and there constantly kept, a
fair table of the secretary's fees herein before menti-
oned, on pain of forfeiting two thousand pounds of to*
bacco, for every General Court day the said table shall
be missing, thro' his neglect^ and that the clerk of
every county court, shall, in like manner, set up a fair
table of all the other fees herein before mentioned, in
the courthouse of his county, to be there constantly
g42 I-AWS OP VraOINlA,
keptf on pain of forfeiting one tboasand ponnds of to*
bacco, for every court day the same shall be missings
thro' his neglect: Both which penalties shall be to
the person or persons who shall inform or sue for tlie
same; and shall or may be recovered in any court of
record within this dominion^ by action of debt^ or in-
formation.
Penalty Tor X. And that if any officer whatsoever hath hereto- .
over ckt^" fore taken any greater fee than was by the laws then
^^' in force allowed, or. hereafter shall daim, charge, de-
mandy exact, or take, any more or greater fees, for
any writing, or other business by him done, within
the purview of this act, than herein before set down
and ascertained; or if any officer shall charge, or
demand, and take, any of the fees herein before noen-
tioned, where the business, for which such fees are
chargeable, shall not have been actually done and per-
formed; to be proved by the fee book of such oficer,
uponhis corporal oath; such officer, for every such of-
fence, shall forfeit and pay, to the party injured, besides
such fee or fees, two hundred pounds of tobacco, for
every particular article or fee, so unjustly charged, or
demanded, or taken: To be recovered, with costn, in
any court of record within this dominion, by ac-
tion of debt or information; provided the same be
sued for, within twelve months after the offence shall
be committed.
FroTi0o^ XI. Provided always^ That nothing herein contaiUf
ed, shall be construed, to inflict any penalty, on any
of the said officers, for demanding and taking the fees,
respectively allowed to be taken by them, by one act
of Assembly, made in the twelfth year of his present
majesty's reign, intituled, An act for the better r^u-
lating and collecting certain officers fees; and other
purposes therein mentioned, at any time before the
publication of this act; fur which two months, after
the commencement thereof, is hereby allowed.
Accounts of XII. And for tiie better collecting the said tobacce
fees to be de- fees, Be itfiirther enacted f That the clerk of the se- '
lij^jdto cretary's office, and of every county court respective-
tiM Sbenff. jy^ ^^^ every surveyor, shall, annually, before the
twentieth day of January, deliver, or cause to be deli-
vered, to the sheriff of every county in this colony, re-
spectively, their accounts of fees due from any per-
son or persons realding therein, having first made the
FEBRUARY 1 74 5—1 9tli GEORGK II. 8:48
I
proper deductions at the fr^ut of evci'y such account;
,i¥liirh shall be signed by the derks, or surveyors, re- '^j* ^^*7 **
^lectively. And the said s fieri ff ig hei-feby re<iuircil^^*;*^'^
and impoweredy to receive huvU accmint^, and tu cnU
lectf levy, and receive, the several quantities of tabac-
CO therein charged, of tlie persons chars^eable there-
with. And if such pei-Hon or petrous, after the said
fees shall be so demanded, .shall refuse or delay to pay
the same, 'till after the tenth Any f»f April, in any
year, the sheriff of th^t roimty wherein such persi>n
inhabits^ or of the county in whtcJi nucIi fees bex-ame -
due, shall have full power, and is hereby requirecl« to
make distress of the slaves, or ^uods and chnttr Ist of
the party so refusing or delaying payment, either in
that county where such person inhabits, or where the
0aid fees became due* And the sheriff of ^ny county*
for all fees which shall lemain due and unpaid, af-
ter the said tenth day of ApiH, in auy year^ either to
himself, or the sheriff of ani^tlier fonnty, whiA ahall
be put into his hands, to rollfct as aforesaid, is here-
by authorised and impOMcred, to make distress and
sale, of goods, and chattels, of the party irfusing or
delaying payment, in the satne manner as -for otEier
fees due to any of the oflirei'K herein befrjre mefttioned:
But no action, suit, petilrftit, (»r warrant frnm a jus-
tice, shall be had or maintalneil for secretary's, coun*
ty court clerks, or survey*irH fe. s, iinlessthi* sheriff
shall return, tliat the person uwiugor rlicirgeable with
such fees, hath not sutliclent within his bailiwick*
vhereon to nnake distress; except where the i lerk,
or other ofScer, as aforesaid, shall have lost his fee
book by fire, or other misfi^rtune, so that be be hin
dred from putting his fees ititi) t[»e sheriffs hands to
collect; and in that case, any suit or warrant may be
had and maintained for tfie recovery thereof; And ii
any sheriff shall be sued for any Ibin,^ by him dtinc. in
pursuance of this art, he may plead the general issue,
and give this art in evidence, ^^
XII. That the sheriff of every county shalU^on or
before the last day of May, in ^\^ry year, account with
the secretary, or his aeent, and the clerk of the re- sheriff when
spective county courts, and the respective surveyors,'
for all fees put into his hands, pursuant to this act,
and pay the same, abatin,;^ six per cent fur collecting:
And the secretary is hereby requited to appoint an
to account
844 LAWS OF VIIRGNIA^
Remedy a- agent in every county t to receive theslierirs arconnts
piiwttum, j^jjj ^11 tobacco due to him, 4nd if any RheriffshaH
21^^ "' refuse to account or pay the whole account of fees put
into his hands, after the deductions aforesaid are
madct together with an allowance of what is charged
to persons not dwelling, or having no visible estate in
bis county, it shall and may be lawfuHbr the secreta-
ry, or clerk, or surveyor, upon a motion made in the
next succeeding General Court, or in the court of the
county of such NheriflT, to demand 'judgment against
such sherifT, for all fees wherewith he shall be charge-
able, by virtue of this act; and such court is hereby
authorised and required to give judgment according-
ly, and to award execution theren|ion; provided die
sheriff have ten days previous notice of such motion.
CIcrk'tofllee XIII. And whereas several of the county court
to be inspec- clerks in this colony; have neglected to record deeds,
tedmnnually. ^Hg^ j^|,j other matters of consequence. Be it enacted^
That^e justices of the several county courts shall
annuil^, appoint two or more 6t persons, of their num-
ber, to inspect the clerk^s office of their county, and
to report to the next court, the condition in which tiiej-
find the papers and records.
Attorney's XIV. Jnd be it further enacted^ That the respec-
feetobetax-tive county courts, in every cause, except where the
same shall be brought by petition, where the plaintiff
shall recover or be nonsuit, or where his suit shall be
dismissed, shall allow, in the bill of costs, fifteen shil«
lings, or one hundred and fifty pounds of tobacco, for
an attorney's fee, if the party employed one; except
against executors and administrators, or where the
plaintiff may not rectiver more costs than damages.
Former acts ^^ * ^^^ *^ *^ further enacted^ That the act made
repealed. ^^ **'® twelfth year of his present majesty's reign, in-
tituled, \n a<*t, for thi- better regulating and collecting
certain officers fees; aud other pur|)iises therein men-
tioned; and one other act, made in the eighteenth
year of his said majesty's mgn, for continuing the
sam^M^e, and are hereby re|>ealed, and made void:
And wat this art shall continue and be in force, from
force foV^ the end of this s»*ssion of Assembly, for and during
three years, the term of three years, and no longer.
IfEBRUART 1745-Ll9th GEORGE It 849
CHAP. VII.
Jin Jkt, to regulate attomies practising, in the county
courts; and tlie granting writs of Certiorari.
I. irT|7HERE AS the great number of ignorant and Preamble.
^ T T unskiiriit attornies practising in the countjr
courts oT this colony, is become a grievance to the
country^ in respect of their neglect and mismanage-
inent of their clients causest For preventing of which
JTor the future^
II* Be it enacted, by tlu Ideutenant'OoroepiOTf Cotm- Examinen
ml^ and Burgesses qf this present General JissenMy^ and ^® j**\fPR!f'"*
it is hereby enacted^ by tlie authority of the same, TliAt owiend
from and after the first; day of May, the judges of court
the General Court, for the time being» shall, and they
are hereby impowered and requii*ed; to nominate
and appoint^ from tim<^ to time^ such and so many of
the council, learned in the law, and attornies, practi-
sing in the said court, as they shall think fit, to exa-
mine into the capacity, ability, and fitness of sucii per-
sons as shall from time to time, apply for a license to
practise as attornies, in the county courts^ or otlier
inferior courts of this colony; and shall cause such
nomination and appointment to be entered in th.e re-
cords of their court: Which perscms so nominated and
appointed^ shali» at the time of their nomination, o^ake^^^"^'^
oath, before the General Court, th^t they will well and
truly examine into th^ capacity, ability, and fitness of all
such persons as shall make application to them for a
license to practise as attornies: and tliat they will
not grant a license to any person who shall not, upon
examination, to the best of tlietr knowledge, be found
aufficiently qualified to practise as an attorney, as a-
foresaid.
ill. And he it further enaetedf That every person ^5*h«J of
desiring a license to practise as an attorney, as afore- ^^J^J^ *
saidy shall, before be be examined, produce to the ex- pr&ctise m
aminers or examiner, a certificate, from some county an attomirf.
eourt, or other inferior court, wherein he had before
practised, or then intends to practise, of his probity,
honesty, and good demeanor; and shall also pay
down to such examinera or examiner, the sum of twen-
ty shillings; after which, it shall and may be lawful
for such examiners or examiner, and they are bpi*eby
V v_YoI. 5.
S46 i-AWS OF VIRGINU,
impowered and required to proceed to make such es^
ainination aiid to grant such license, as aforesaid* wi-
der his or their hands and seals, or to refuse aacb li-
cense to the |>erst»n so examined* accordini^ as he shall
appear fit and qualified, or not, upon such examinatioii.
^etnlty on And if the persons appointed by the General CourU
^zaminera. gg aforesaid, shall refuse to be sworn, as aforesaid; or
being sworn, shall grant any license for the office of
an attorney, to any person applying to them, Mritkout
producing such certificate, as herein before direrted;
or shall accept of or receive any greater fee or re-
ward for the same, than before mentioned, they shall
respectively, for every such offence, forfeit and pay one
hundred pounds; one moiety thereof to our sovereiga
lord the king, his heirs and successors, for and tow-
ards the better suppoK of this government, and tbr
contingent charges thereof; and the other moiety to
bim or them that will inform or sue for the same: T^
be recovered, with costs, by action of debt, or informa-
Attornies to ^^^^f '" ^^7 court of record within this colonv: And
1>e8wom every person obtaining a license, as aforesaid, beforp
he shall be admitted to practise as an attorney in any
county court, or other inferior court, shall, before
every such court,* toke the oaths appointed by law to
be taken, instead of the fmtlis of allegiance and su*
preroacy, and toke and subscribe the oath of abjarati'
on, and subscribe the test; and shall also toke the oatk
of an attorney, as follows: (to wit,)
Their oaih. I A. 6. do swear, that I wilt truly and honestly dc-
mean myself, in the practice of an attorney, according:
to the best of my knowledge and ability.
80 hdp me G0L
Peaalty for And if any person whateoever, after the first day ef
practising July next, shall presume to practise as an attorney, is
without all- jiyjy suf^ii County court, or other Inferior court, without
wiSwi^ ^ license first obtained, or without qualifying hinsdf
qualifying; In such court, in the manner in this act before menti-*
oned, he shall, for every such offence, forfeit and pay
the sum of five pounds for every cause he shall prose*
cute or defend in any of the said courts; one moiety t^
his majesty, his hrirs and successors, for defraying the
contingent charges of this government; and tifb other
moiety to the iniformer: To be recovered by action of
debt, or information, in any court of reeord in thlt
colony.
FEBRUARY 1745— 19fh 6E0R0E IL 947
IV. JIni be it further enacted, by the authoritif afore- Attopnict
said. That if any attorney shall misdemean himself, [^i^3*2b^;
and act contrary to his duty in his practice^ the judges to^e Gene*
f^ the Cteneral Courts upon complaiiit^d proof then - ral Court**
of made before them, roayt by theii«onler» supersede «»«*«^-
such attorney's license, suspend him for a time, or dis-
able him for ever^ from practising as an attorney^ as
they shall think just
V. Provided always, audit is hereby enac/ed OTuf Act ss to db*
declared, That this act, or any thing then in contained^ taininglicen-
so far only as relates to obtaining license, shall not be J^^end^to^
construed to extend to any barrister at law, or any at« barristers at
torney now practising in the General Court» or to any law, or cei^
attorney who hath heretofore been examined, and ob-^"*ttor.
tained a license to practise the law, in pui*suance of tlie °'^
act of Assembly, made in the fifth and sixth years of
the reign of his pi*esent majesty, intituled. An art, to
prevent frivolous and vexatious suits; and to regulate
attornies practising in the county courts, who have,
ever since such license obtained, continued the practice
of an attorney in the county courts, or other inferior
courts, and shall be practisers there, on tlic said first
day of July.
VI. Provided alsr). That such barristers and at- B«t they are
torneyssliall, after the said first day of July, take such ^l!^^^
oatiis to the government, subscribe the oath of abjura- under a like
tion, and tlie test, and take the oath of an att4>rne)^, as penalty.
is herein before directed, before they be .pt>rmitted to
practise in any county court, or other inferior court, ^
ui this colony, upon pain of forfeiting the like penalty
as is inflicted by this act, for practising in such courts
iwithout a license; to be recovered and divided in the
^ame manner: Any thing herein contained to the con-
trary, notwithstanding.
VII. Provided also, That every person practising Persons not
as an attoniey in the county courts, or other inferior {!**^"*"if •
courts, on the said first day of July next, shall bo at^^fjjf^^^^
liberty to finish the causes then depending in such causes.
courts, in which he was before employed, witJiout in-
curring the penalties inflicted by this act on persons
' practising as attornies, without a license first obtain-
ed, altbo' such person shall not obtain such license.
VIII. Provided also. That nothing in this act con- .
tained, shall be construed to hinder the justices of any may Sl'^im.
county court, or oth^r inferior courts from causing a- i«hed ibv
348 LAWS OF VIRGINIA.
contempu ny attorney ]iracti8ing in such courts, to find sccnritjr
^^ ^^^^^^'(or their good behaviour, or fining such attornies for
^^ HMsdemeanors, or contempts against them, in tbe
same manner a4if this act had never been made«
And shall *^' ^'^ *^ itjirther enacted* That if any attorney
pay all costs in any county court, or other inferior court,, shall, wit- .
occasioned tingly or wiliingty, be guilty of any neglect in any
^ their ne- cause, tiic court before whom such cause shall be de-
®^^ * pending, upon complaint and proof thereof made, witii-
in six months after such neglect, shall have power-
and authority to order such attorney to pay alt costs oc-
casioned by such neglect,
pling dcda. X, •fliwf be it further enacted^ by the authority afore-^
raUons. ^^^^ ^j.^^^ f^^^ ^^ future, the plaintiff or demandant
in'any s^it, shall not be nonsuit for not filing his de-
claration one day before the court, provided he doth it
at the first calling of the cause in court; and that the
county court clerks shall not be obliged to draw the de-
claration in any suit depending in court, nor shall any
iiicipitur be filed or received for or in lieu of a decla-
ration in such suit.
XI. And for settling a method of obtaining writs of
!S)toi^ff ^^****^'^^» ^^ remove civil causes from the county courtSf
writs of cer-or other inferior courts, into tlte general court of this
^^«.^^^ /wr^A^r enacted f by the qutfiority aforesaid, that the
* ** ' party desiHng such writ or writs, when tli« general
court is not sitting, shall by petition to the governor or
Commander in chief of thi^ colony for the time being,
and the rest of the judges of the geineral court, set forth
the reasons of his desiring sucii writ or writs, and
shall make oath, before a magistrate, tjo the truth of
tlie allegations 6( his petition^ and then flie governor
or commander in chief of tliis colony for th^ time beings
together with any two of the judges of the ^general
court, may, fk*om under their l^ands, order and award
such writ or writs to th^ party praying the same, *br
may refuse such' writ or wHts to him, according as' the
matter shall appear just and necessary, or not, to tiiem^
and tlie clerk of th6 secretary's office shall carefully
file such petition and affidavit in tTie office; aild shall
also take bond from the* party praying such writ or
writs, with one or more sufficient security or securi-
ties, in such penalty as shall be directed by the go^
v^rtior and judges who shall order and award such
'OQ
FEBRUARY 1745— igth GEORGE U. 849
^Tit or writs, for satisrying and paying a|l sorli sum
and sums of money and tobacco, and costs, as shall be
adjudged to the adverse party, in the cause or causes
so to be removed; and thereupon such clerk shall and
may issue the writ or writs, as aforesaid, but not otlicr^^
wise.
XII. wind be it further enacted, by tlie authority a^ p^^^^ ^
Joresaidf That if any person, making oath to the trulh taklngm
of the allegations of his petition, as aforesaid, shall false oath.
take a false oath, and be thereof convicted, he shall
be adjudged guilty of perjury, and suffer as a person
convicted of wilful and corrupt perjury.
XIIL Provided always, lliat the prosecution for Proteeutioo
auch offence, be commenced within twelve months af- to be u-ithin
ter the offence committed. ^^ months.
XIV. And be it further enacted^ by the authority a- No wtit of
Jbresatdf That no writ or writs of certiorari whatso- ecrtiorari to
ever, shall be granted, to remove any cause or causes J^^e a ^^
from a county court, or other inferior court, into the cause notori*
general court, where the matter in dispute shall not be ghialty cog-
originally cognizable in the general court; '•^''^^-^^
shall any writ or writs of certiorari^ be received or al- ^^^ ^^
lowed by the justices of any county court, or other in- be obeyed.
ferior court, or to whom any such writ or writs shall »fter issue
be directed and delivered, after issue or demurrer ?"*.^^"*""^^
joined, in the cause or causes depending in such courts, ^^^'^^ '
and intended to be removed by such writ or writs; but
they shall and may proceed in the said cause or causes,
as tho^ no such writ or writs were sued forth or deli-
vered to them, or any of them; And if any cause or Suit once re-
causes be removed or stayed by any such writ or writs, JlhtSi ^^^p
and afterwards the same cause or causes shall be re- afterwards
manded or sent back again by any writ or writs of be rcmovea
proudendOf or other writ whatsoever, that then the^'**^*^**^-
said cause or causes shall never afterwards be removed ment" ^*
or stayed before judgment* by any other writ or writs
whatsoever, to be sued forth from the general court,
oiT secretary's office.
XV. And to prevent the obtaining any writ otcerti' Notice of
arari by surprize, Be it further enacted^ by the author- p»yiij« a
i^ aforesaidf That in all civil causes, the party pray- ^^ ^o^oe*
ing the said writ of certiorari, shall give notice to the gjven, ai^
adverse party, of the time of his moving or petitioning affidavit
for such writ, at least ten days before such motion or thereof pro-
duced.
gSO LA. WS OF VIRGINIA,
petition; and no such writ shall at any time, be gran«
ted, without producing an affidavit ofsucji notice.
Continuance XV L dnd be it further CTiocted, h^ the authority a*
of the no. ^re5at(f, That this act shall remain and be in furccL
three years, from the passing thereof, and from thence
to the end of the next session of Assembly.
>-
CHAP. VIII. '
-Ja Jictffor CDntitming and amending an Jlctf intituled ^
an Act^for inspecting^ weighings and stamping aU
pork and beeff packed m this ejLtmfj^ or imported for
talef before the satne shall he sold hertf or shipped for
importation: And to amend the JlcU iiUituledf an
Jct^for ascertaining the gauge of barrels for pork^
beef tarf and pitch; and for inspectmgf 'weighing
and stamping all flour exported.
BreamWe. I Vl^ ilEBEASthe act of Assembly, made in tliefif-
▼ ▼ teenth year of the I'eign of bis present majestyy
intituled, an act, for inspecting, weighing, and stam-
ping all pork and beef, packed in t!iis rohmyt oi-impi^r-
ted for sale, before the same shall be S4>ld here, or ship-
ped for expciitation: And to amend the act« intituled,
an act, for ascertaining tlie gauge of barrels for park»
beef, tar atid pitch, will expii*e at the end of this session
of Assembly; and the same having been found nseful
and beneficial;
fhspectorsof IL Be it tlierefore enacted, by the lAButenant^CUrtem-
fa^^'tX^' or. Council and Burgessest of this present C^enerat
and turpen. Assembly 9 and U is hereby enactedf by the autlwrity ofth§
tine, to be same, That hereafter no pork or beef shall b*^ expir-
appointed by |eii (^t of this colony, or tar, pitch, or turpentine, ex»
cDumln^thc P^^^** ^^ ^^'^» or exported, until the same shall be pacfc-
inontbofAu. cd or Blled in barrels, under tlie regulations herein
^pi^tjorSep. cxpre.ssed: And the justices of every county court
annually. within this dominion, siiall be impowerrd, and they
are hereby authorised and required, in the month of
August, or September, annually, to nominate and ap-
]>oint, in open court, one or more (not exceeding six in
one (*ounty,)fit and able person or persons, residing in
the same county, to inspect the package, and weigh
all poi*k and beef/ and also tlic filling of all tar, pitch,
PEBRUAY 1745— 19th GEORGE ll. 351
or tarpentine^ packed or fiHed ftir sale or exportation,
witUin their reHpective counties.
UL And ht it further enactrd^ That every barrel Contents of
of |)ork i)r beef, packed within this colony, for sale or ^f^^Q^^^
exi)ortation, <ir imported here, shall contain, at least, bee^'barrcl
two hundred and twenty pounds nett, of good, clean^ to be stamp.
fat, sound, merchantable meat, well salted between «d, and cep-
each layer, well pickled, and no more than two heads Jjf^*^o^nep
of pork in one barrel; and after the same has been in-
flpectedy weighed, found merchantable, and passed, by
tlieinspector or inspectors residin.:; in the county wlierc
the said i>ork or beef is packed, every barrel shall he
by him or them stamped, or branded, distinguish in;;
Mp<>n the head of every (Kirk barrel, whether it is large
or small pork; and certilicate of all barrels so passed
or stamjied, shall be, by the inspector or inspectors, ^^(mtcntsof
given to the owner: And every barrel of tar, pitch, or cmah barrel
turpentine, shall contain thirty one gallons and a half, of tar, pitch,
wine measure, at the least; and after the same shall ^y turpen-
be inspected, gauged, found clean, well and truly made, ^JJ^j ^^ ^^
merchantable, and passed, by the inspector or Inspec- 8tamped,and
tors, in thtt county where the same shall be ins|>ected, certificate
■every hansel of tar, pitch, or turpentine, shall be, by ^"p^^*
bim or them, stamped, or branded, and a certificate
thereof given to the owner, as aforesaid.
IV, Ami be it further enacted^ That every person inspectors
appointed, as aforesaid, to in8|>ect pork, beef, tar, pitchy to be sworo.
and tur|)eiitine, shall, before he enters upini tlie exe-
cution of that office, make oath, before the court of his
county, cai-efully to view, inspect, and examine, when
ref]uired, all pork, b(*ef, tar, pitch, and turpentine,
packed or filled for sale or exportation, and to the best
of his skill and judgment, not to pass or stamp any bar-
rel t)f pork, beef, tar, pitch or turpentine, that is not
good, clean, sound, merchantable, and of one weight or
gauge, according to the directions of tliis act, and faith-
fully to discharge the duty of his office, without favour,
affection* partiality, or other by respect; and shall ^\.^^
constantly attend upon notice, at such time and place, ^^*^oSce,
as the owner of the pork, beef, tar^ pitch, or turpen- and to pro- '
tine, to be inspected, shall appoint, to inspect the same ^<ic * •<i>°>P*
within hiscounty; and shall provide a stamp, or stamps,
with the first letter of his county, the letter V for Vir-
giniuy the first letter of his own clirisiian name, and
his whole sur-name at lengthy to be stamped on each
352
LAWS OF VIKGIMA.
Penalty for
neglect of
duty, and
how recove-
rable.
Their fees. bari*ot by him passed; for which he may demand and
take SIX pence for every barrel of pork and beef, and
twopence for every barrel of tar, pitch, and turpentine^
by him inspected, and no mure, to be |>aid by the own-
er, before certificate given: And if any officer, so ap-
pointed and sworn, shall ncj^lect his duty, or shall
stamp any barrel of pork^ bei^f, tar, pitchy ot* turpen^^
tme, not well, parked, clean made, and filled, and of
due wei^ht^ or gauge, as this act re4)uii*es, he fihall for-
feit and pay fivesiiillings fi»r every offence, to the infor-
mer, recoverable brfoi*e any justice of the peace.
V. Jnd be it fartlur enadedf That every county
Inspectors of court Within this Colony, shall also, at the time, and in
appointed tlic manner herein before dii-ected, appoint one or
Exporters to wore fit person or persons, to inspect and weigh all
bc*woFn,&c. wheat flour made within their respective counties, and
intended for exportation; and tliat the |»erson makings
or causing such flour to be made, shall first make oath,
before a justice of the peace, that the flour by him in*
tended to be exported, or sold for exfiortation, is clean
and pure, not mixed with meat of Indian corn, pease,
or any other grain or pulse, to the best of his know-
ledge, and shall produce certificate of such oath n^ade^
to the inspector, who thereupon shall diligently View
and examine such flour; and if by him found clean,
Duty uf tlie pure, and unmixed, shall see the same packed in casks
nspcctor. or barrcls,^ well secured, for exportation, and stamped
in the manner herein before directed, and with the'
gross, tare, and nett weight of every cask or barrel, and
shall also distinguish the fineness, by tlie wof*ds firsts
or second, stamiied on the head; for which he may de-
mand and take six pence, for every barrel containing
two hundred and twenty [)ounds nett, or less, and for
every cask of greater weight, eight pence, by him in-
spected, and no more, to be paid down by tlie owner:
And if any inspector shall neglect his duty, or stamp a-
ny flour contrary to this art, he shall forfeit and pay
five shillings for every uffcnce to the informer, recover-
able before a justice of the peace.
Same person vi; Jnd be it furtlur enudedf That the respectite
^^y^^ S ^^'^^y courts may appoint the same pei'son or persons
pork, &c. & inspectors of pork, beef, tar, pitch, turpentine, and
flour! flour, if such person appeal's to them duly qualified;
or uiay appoint several inspectors, as in their dfaM^retion
shall secin best.
His fees.
Penalty for
neglect of
duty.
FEBRUARY ir4S~19tli GEORGE II SSS
Till Jind be it further enacUdt That every master of Masterof th6
a vessel, whtTein pork, beef, tar, pitch, turpentine, or ^.*^*^' *v^''
flour, shall be exported, shiill make oath, that he wHI ^ fHwon^'
nut knowingly take, or suffer to be taken on board his Pork, &c.
ship or vessel, any pork, beef, tar, pitch, turpentine, or »Wpped
flour, not stamped accorViing to this act; which oath JJJ^p^nj. i^^
the respective naval officers of this colony are hereby ble to* be
impowered and required to administer: And if any seised and
pork, beef, tar, pitch, and turpentine, packed or fill- forfeited,
ed in barrels for exportation, not stamped as by this
act is directed; or any parcels of pork or beef^ not
packed in barrels; or any flour in barrels or casks,
esccept for necessary provisions, shall be put on board
any ship ur vi'ssel, to be exported, every such barrel
or pared may be seised by any sworn oificer, and
brought on shore, and shall be forfeited to the infor-
mer, recoverable before a justice of the peace; and
the ofllcer making such seisure, may demand and take
thesame fees as for serving an execution, to be paid
by the party for whom th^ seisure was made: And if officer watA,
:uij officer shall be sited for any thing by him done in may plead
pursuance of this act* he may plead Ae general Issue, }^^ ^T^^
and give this act in evidence; and upon "'^"-suit^.or J^;^^5^
verdict for .the defendant, he shall have double costs; ble coats.
and the master of any ship or vessel, shall forfeit and Penalty on
pay twenty shillings for every barrel or cask of pork, ^^°;**^*^'^
b^ or flour, and five shillings for every barrel of tar, hoVrecovc-
Eitch or turpentine, so taken on board; recoverable rable.
efore a justice of the peace in any county in this co-
lony, if the sum does not exceed five pounds; and if it
is more, to be recovered by action of debt, or informa-
tion, in any court of record of this dominion.
Vlli. dnd be it further enacted^ That all pork and contcntioT
beef, exposed to sale or barter within this colony in the barrels of
barrels, whether the same be packed here, or impor- ponw, beef,
ted from Carolina, or any other place, shall contain, at ^» ^* *^
least, two hundred and twenty pounds nett meat, al- ^^1^^*^^'
lowing only two and a half per cent* fur shrinkage or
loss of weight; and every barrel o( tar, pitch or tur-
pentine, exposed to sale or barter, whether the same
shall be made here, or imported from any other place»
shall contain, at least, thirty one gallons and a half,
wine measure, and stamped, as this act directs. And penaHv on
if any person shall sell,* or expose to salc^ any barrel the seller^
^ W-w~Vol. 5.
354 ^^^^ ^P VIRGINIA,
and how t© of pofk, beef, tar^ pitch, or turpentine, of less weigiit
be recover- or gauge, be shall forfeit and pay, to the informer^
twenty four shillings current money, for every barrel
Qf pork or beef, and five shillings for every barrel of
tar* pilch, and turpentine, so sold, or exposed to sale;
recoverable before a justice of the county wliere such
oficiice shall be committed, altho' the penalty shall
exceed twenty shiliings Sterling; and every justice
of the peace, upon such complaint, and due proof
thereof before him made, shall and may, by virtue of
this act, enter up judgment for the whole penalty, and
award execution thereupon: Any law to tiie contrary,
notwitlistanding.
Appeal al- IX. Frarcided nevertheless^ That from such judg-
lowed to the jji^nii for more than twenty shillings Sterling, the per-
STATingsT-^y grieved may appeal to the next court to be held for
0mty. the county Avherein such complaint was made, the ap-
pellant giving bond, with sufficient security, before
the justice entering up such judgment, that het will
prosecute his appt^al with effect, an^ pay all costs and
damages awarded by the court, if the judgment be
affirmed; and the justice of peace taking such bond
s^all return the same, together with the Whole record
of his proceedings, upon the complaint before him
made, to the same court to which such appeal shall bet
and such court shall and may receive, hear, and fioally
determine the same.
X. Ami be ttfurtlier enacted, That every seller or
portw to^e^^P^^^^** of pork, beef, tar, pitch, or turpentine, pack-
ftwom. ed or filled in this colony, and stamped, shall make
oath, before a justice of the peace, within three days
before delivery of the goods sold or exported, that the
several barrels of beef, pork, tar, pitch, or turpentine,
by him intended so to be sold or exported, are the
same that were inspected and stamped, and do con-
tain the full quantity, without embezzlement, to his
knowledge.
Make and XL And be it further enacted. That every cooper,
idze of <he ^nd every master or owner of a servant or slave, set-
bamlsascer- ting up barrels for pork, beef, tar, pitch, or turpentine,
***"" §hall make the same witli good, strong, well seasoned
timber, tight, and well hooped, with twelve hoops at
the least; and every barrel for pork or beef, to con-
tain, Irom twenty nine to thirty one gallons each; tini
every barrel for tar, pitch, or turpentine*^ to contain
tained.
FEBRUARY I74)f— IDth GEORGE IL
355
lliirty one gallons and a half, at the least, wifh Km
name, or the name of the master of such servant nr
Blaye, at length, stamped or bnitulod upon every bar-
rel, under the penalty of two ^fiitlin^H anri f%i\ pcnco
to the informer; recoverable before a jimtico of the
peace.
XII. And be it further enacUd^ Th^it this act shall Continuiince
continue and be in force, from unJ after tlie passing o*" the Jm^^-
tliereof, for and during the teini tA' two year<^, and
from thence to the end of the ne?tt session of Assem-
bly; and that so much of the said m iti d art, and the ^''^'^J^^ ^f^L
act made in the fourth year of the rf^igii of que<?n Anne, 41^ ^f Anne
intituled. An act, for ascertaining the gau^ of bar- as 15 eontrft^
pels, for pork, beef, tar, and pitrh, as relates to uny ^ tothisj™^
matter or thing, within the purview of this act, sbail ^
be, and is hereby repealed and made void.
CHAP. IX.
Jin Act, to explain arid amend an actt intUuIed^ An
actf for lincensing Pedlars; and preventing fmud$
in the dtities upon Skins and Farrs.
I. ^CWTHEREAS the method of licensing pedlars,
▼ T directed by an act of Assembly, made in the
twelfth year of his present m:ijeHty's reign, intituled,
an act, lor licensing pedlars; anrl preventing frauds
in the duties upon skins and furrs, hatii been found
inconvenient:
II. Be it tlierefore endctedf 6?/ the LienfmanUGovem-
HTj Councilf and Burgesses^ oj Ihis present General Js-
senibly^ amd it is herdty enacted^ by the uuthonty of the
^amCf That from and after the first day of May next,
no |)edlar, or other person, whether he be an inhabi-
tant of this colony or not, shall f^n from place to place«
or to 6ther mens houses, and sell or expose to sale, or
barter any goods or merchanili^tes wliatsoever, for
skins and furrs, without licenst^ fii^t obtained^ under
the hand and seal of a collector of tlie duties upon
skins and furrs, exported by land, residing near the
frontiers; aiid if any pedlar shall r-efuse to produce
such license, when required by any person* Uh or be-
fore whom he shall sell, or expose to sale or bai'tcr,
any goods or merchandia^e, the same may he seised
Prflimlile.
licensed, k
by whom.
Befiiaing lo
produce
their Kcente
when reqwif-
356 I-AWS OF VIRGINIA.
. cd, forfeit by the party or parties requiring sach license to bt
their goodi. produced, and Upon due proof thenx>f made, before a
justice of peace: the goods so seised hhall be forfeited
. and delivered to the seisor, for his own use.
-- ^^^ III. Jnd be it further enactedf That every rollector
of obt^ng^f ^*^^ duties upon skins and furrs, exported by land>
liccMes; appointed or to be appointed, by virtue of the said
recited act of Assembly, shall be, and is hereby au-
thorised and impowered, from time to time, to grant
or refuse at his discretion, to any person or persons
applying for the same, license or licensed to trade, d<t>
ring the term of one year from thence next following,
and no longer; the party obtaining such license, first
entering into bond, with good and sufficient securitj,
to our sovereign lord the king, his licfirs and succes-
sors, in the penalty of twenty pounds, with condition,
that he will not ejtport, or cause to be exported, with
his privity or knowledge, any skins or furrs^ either by
land or water, w ithout first paying the duties hnjp^sed
on such skins and furrs, by one act of Assembly, made
in the fourth year of the reign of the late queen Anne;
fib fees of and shall also make oath, and swear to the same ef-
i&e mmt. feet, and pay down the sum often shillings, for the use
of the governor, or commander in chief of this colony,
for the time being; and the further sum of five shil-
lings to the collector granting such license, fbr wri*
ting the same and the bond aforesaid, which bond
sliall be by him safely kept; and in case of breacL
shall and may be recovered and applied as by the saia
first recited act is directed: And the clerk of everj
iiiuofrecd- bounty court, shall, in the months of April and Orto-
Ilciwires'or ^^^* yearly, transmit to the secretary's office, a Kst
bonds to be of all recoveries or judgments, had or given, on sei-
transmitted. sures^ or for breach of such bonds, if any shall happen
to be.
IV.wJndfte it further enactedf That every collec-
rtfn*"'^^ tor of the duties upon skins and ftu^rs, now appointed,
Stiiii^ Ic. to ^^ hereafter legally to be appointed, who shall, at any
make oath time, himself, export skins or furrs, liable to a dutjr,
and obtain a by land or water, sliatl first make oath, before a jos-
•^'*™**^- tice of peace, to the true number and kind of skins or
furs, and the weiglit of beaver, by him intended to be
exported, and to what port or place, and obtain a ce^
tificate of sucli oath by him made, and shall return
r auch certificate aud accouot^ tor the duties, in the samt
FEBRUARY 1745^1 »h GEORGE 11. 357
fliamiery ami ai tbc same time or tiiiics» as be shall ac- Certificates
-count for dutien by bim collecUn) from other P^reons, *'^^^j^^^^" *
under penalty of forfeiting' double the value of the ties Account-
skins or furs (Xiwrted) without such oath made, and ed for, under
duty accounted tor and paid; to be recovered in the*P^"*^^y-
aame roanner» and applied to the same uses as reco-
veries upon breach of bond are by the said first reci-
ted act directed to be: And every collector of the ^^ of ^-«
said duties shall, at the time of accounting for the^"^'^^^^
samef with the person or persons by his commissi- transmitted.
on directed. i*eturn true lists of all licenses by him
grante^ly and bonds thereupon taken, from time to
tii»e.
V. jindbe it finther enactedf That every P^^la*** pe„ait
or other iiei-sorv lound ti*avelling and trading without pediarswUh-
sucb license as aforesaid, or who shall refuse to pro- out license^
dure and shew his license, upon demand made bv any <>>^ i^^^sing
inhabilant.of this colony, or who shall be found tra- J^ JJ^^^^^^
veiling towards any otiier of his m^esty's plantations, ficate of th©
with skins or furrs, beyond the place where the col payroeiitof
lector usually i^esides, and upon demand made, by any ^j^^"^^"
inhabitant of this colony, shall refuse to produce and ^j^Jed'
shew a certificate, that tlie duties have been paid, e-
very iierson offending, in any of the premises, shall be
liable to the respective penalties, forfeitures, and pun^
iabments, by the said first recited act laid* given, or
inflicted; to be recovered and disposed of, as by the
said act is ditected.
VI. Provided alwaySf That all licenses, granted Former li-
hy any county court, before the said first day of May,^^J}^ *^.^
«hall be good and valid, until expiration of the term ^^ ^ *
in such licenses respectively limited.
CHAP. X.
iffi Jietf for giving a farther premium, for raising
and exporting Hemp*
I. "VJITHERE AS by an act of Assembly, made in the Recital*
▼ T eighth year of the reign of his late majesty
king Creorge the first, intituled, An act, for the mak-
ing of tar and hemp, and also by one other act, made
in thi^ third and fouKh years of the reign of his pre-
^entuft^estft intituled^ An act, for impowering justi-
358
LAWS OF YIBGINIA,
Preamble.
ces of the peace, and constables, to weigh b«io{i» Ul
order to entitle the maker to receive tlie bounty; aod
for paying to William Byrd, esq. five pounds four
sliillings, due to iiim, for the bounty upmi hemp; it
was, among other things enacted. That tlie sum of
four thousand pounds, current money of this cokmy,
be appropriated and paid, to such person or persontf
who should make, or cause to be made hemp, water-
rotted, bright and clean, within this colony, as a re-
ward or premium to such makers or owners thereof;
to be paid unto them, at and after the rate of four
shillings, of like money, for every hundred weiglit of
hemp so made, upon producing a certificate, and ob-
taining a warrant from the governor for the same, as
by the said recited arts are directed. .
II. And whereas, by experience, the said reward or
premium hath not proved a sufficient encouragement
to induce the inhabitants of this colony to m'jjLe any
quantity of hemp, for exportation, as appears by tbe
small sums hitherto paid for the said reward or pre-
mium: And this present General Assembly being of
opinion, that if the same be further encouraged, it may
be effected, and prove not only useful to his majesty's
navy, and the British navigation in general, but also
be the means of increasing and maintaining agreat num-
ber of iiis majesty's subjects, in tlie frontier and remote
settlements of this colony, whereby the said colony mXL
also be better defended, against the insults of the In-
dians of his majesty's enemies, r
HI. Beit therefore enacted^ by the Lieutenant Qoroen^
or. Council, and Burgesses, of this mesenl General
Msembty, and it is hereby enacted^by the authority of the
same. That out of the residue of the said four thou-
dred allowed g.^,^^ pounds, appropriated as aforesaid, an additional
on cmp, , pi»^vard or premium shall lierevifter be paid, of two
shillingH current money, for every hundred weight of
. hemp made, and for which a certificate shall be ob-
tained, as by the former acts is directed.
IV. Provided, every person or persons, claiming
the reward or premium, by virtue (»f this or the for-
mer acts, before he, she, or they, shall be entituled to
receive tlie same, <»r any part thereof, shall first ex-
port the same out of this colony, in some sbip or ves-
sel bound directly to Great Britain; and shall also
produce, ^to the naval officer of the district where tbe
Additional
premiura of
2 s a hun-
and how to
be obtained.
FEBRUARY 1745— 19th GEORGE II. 359,
Htant wafi entered for exportation* a rertificate, or cer-
tificateSf under the hand ot* the clerk of the court in
tlie county wherein the same was made* in manner
and form as by the said two recited acts is directed; '
and shall then make oath, tliat the hemp so exported
189 to the best of his, her, or their knowled|3;e and be-
lief, the same that is mentioned in such certificate, or
certificates: And the said naval oftS<*er is hereby re-
quired to administer such oath* and to certify the
same to the governor, or commander in chief oT this
colony for the time being; who, ugon the parties pro-
ducing of such certificate, from the naval ofiicer afore-,
said, is hereby impowered and desired, to issue his
warrant to the treasurer of this colony, for the pay-
ment of such sum or sums as shall appear to be dixe
by virtue of this act.
CHAP. XI.
uJStn Jidf for amending an acU intituledf JJn act, for
encouragement of building Water-MUls.
I. Wl HEREAS the metliod by an act of Assembly, preamble,
▼ ▼ made in the fourth year of the reign of the
late queen Anne, intituled, An act, for encouragement
of building water-mills, dii*ected to be taken by per-.
sons willing to build any water mill, and having land
only on one side of the run whereon such mill is in-
tended to be built, hath been found inconvenient:
U. Be it enacted by the LieutenanUQoroernor^ Conn- Pcr9ong in-
di, and Burgesses^ of this present General Msemblti^ and If *?i*"S *o
••A • JL t A t*\ Af*^ Ai 'M i» ^» ^riii- .builda water
it is hereby enacted by the authority of the samCf That „^m^ g^ hav.
from and after passing tliis act, any person' or per- ing land only
sons willing to build a water-mill, on some convenient o^«"e tide
run, and having land only on one side thereof, sl>«ll how topro-
petition the coprt of that county wherein the land on ceed to get
the other side such run shall lie, for one acre to be an acre on
laid off, which court is hereby authorised and required, *^f^***^
upon such petition, at the costs and charges of the pe- ^* '
tition^, to issue their order to the sheriff, command-
ing him to summon a jury of twelve freelio^ers of the
vicinage, to meet upon the land petitioned for; who
being niet<and duly sworn before a magistrate, or the
f heriff, shall diligently view and examine the said land.
gjBO i-AWS OF VIRGINIA,
and the lauds adjacent thereto, on botli sides Ibe rmn
in the same or the next C4)unty, which may be affected
or laid under water by liuilding such mlH, tiH^ether
^witli the timber and other conveniences tlierfon, and
sball*<i:eport the same, with the tme value of the acre
petitioned for, and of the damages to tlie jMirty, or any
other person or peraons, under tlieir hands and seals,
to the court whence such summons issued, to be re-
. turned by the sheriff; and if tliereupon it appear^
reasonable to such court, and if tt take not awaj
bouses, orchards, ffr other immediate convenimces,
then they may and are hereby authorised and impow-
ered, to grant such acre to the petitioner, and ordev
the return thereupon made, to be recorded; which
sjiall be a good and effectual seisin in law^ to the peti-
tioner, paying down the valuation money of the land,
and damages, reported by the jury, to the party or
parties legally intituled thereto, and shall create a k»
simple in the said acre of land, to the |>etitioner, hiS|
her, or their heii*s^ but subject nevertheless to the
provisoi, conditions, and limitations, of the said reci-
ted act of Assembly.
Ov pcf "^* '^'^ he it farther enacted^ That no person or
landon both P***'**^"^ whatsiiever, after passing this art, shall erect
tides t^e ran any mill, notwithstanding he or she has land on both
not to erect sides a creck or run, and although there be no other
outlesmf *' "^''' standing thereon, without petition Brst exhibited
from the 'to the county court, who ai-e to consider whether the
cioun^court adjacent lands of other persons will be aflfected there-
, by J and in that case to order a jury to value the dama-
gesi and make report thereof in manner herein before
directed, and thereupon to grant or reject such petiti-
on; but where the petitioner's land extends so far on
both sides a» not to afiert or overflow the land of any
. other person, the court may, if they see caase, grant
leave* to the {letitioner for erecting such mill, without
oi*deriHg any jur}'. And if any person shall hereafter
pi*esume to build any mill without soch leave first bad,
' he or she shall be liable to the action of the parfy
grieved* for his or her damages.
IV. Frovided always^ That this act shall not ex-
^"ottoex- lend to mills hei*etofore built, tW not now standing,
hTretMbre »«»' to mills now begun, tho» not j-et finished, bot that
built, nor to tho ownefs thereof shall bet and continue possessed of
l^'fiBRUARt 1745— 19th GISORGE tf: 861
ibesame, under their respective legal titlest as if this niiiu begun,
act bad never been made; subject rievertheless to the ^^^f ^*
provisos, conditions^ and limitations, of the said reci-
ted act.
V. Pro-oided alsof That where any mill has been ProTiao, for
built, and is now standings and the owner thereof, thro^ownersofold
ignorance or mistake^ hath not exactly pursued the "^^'* ^^^
method in the said act prescribed, the court of the J;^^,* "^^^^
county wherein the acre of land lic^, shall upf>n peti-^dtueUw,
tion of such owner, order and appoint two of their
members to value the acre of land petitioned for,
without having regard to any of the adjacent lands af-
JBDCted by such mill, and upon the petitiimer's paying
down the valuation moneys to the party intituled there-
to, he shall have a fee simple estate in the 6aid acre of
land; subject nevertheless to the provisos^ conditions,
and lintitatior^s, of the said rexrited act. ,
YL And whereas some persons may have built Wa- Preiohble.
ter mills on a point of land of flieir Qwn, in the fork of
a swamp^ between two runs, and extended their dams
each way across both runs to lands in which they had
only an estate tail, and sold the same, with an acre at
each end of the said dams; and tho' by the before re-
cited act, the Courts might create a fee simple, by the
method there directed, in an acre of such land, to any
buildcn* of a water-mill, having land of his own oppo-
site thereto, and tho' each of the acres aforesaid are
really opposite to the land of such builders, yet it has
been doubted. Whether the court upon application could
confirm the purchaser in a fee simple in each of the
aaid acres. And whereas the said case is within the
Suitable intent aiid construction of the said recited
act, for encouragement of building water-mills.
Vll. Be it therefore enacted, Tbat in such cases the Where mifl>
tourt of the county where the said acres lie, shall, and <^n^ extend
they are hereby required, on the petition of the pur- ^^^^'^
cbaser, to enquire into the facts; and if it appear to the owner
ibem, that the purchaser hath paid a valuable consid has purcha«»
aration for the said acres, they shall record the title «^ ^y^
of the purchaser confirmed in fee simple thereto; or if Sue SuS ht
i| suflBcient consideration is not in their opinion alrea- confirmed
dy paid, they shall, at the costs and charges of the pe- vid bow.
titioner, issue their order to the sheriff, to summon a
jury, as is before directed; who being duly qualified, /
Xx— Vol.5. . ^
S62
LAWS OF VIRGINIA,
shall view, value, and report, under their hands and
seals, how much more the petitiont r ought to pay; and
the court shall record the report aforesaid; and that
the petitionrr's title to the said acre, at each end of the
dam, is contirmcd to him in fee simple, on his paying
down to the party or parties intituled tliereto, the sum so
rt*ported, if any be found due; which proceeding; shall
be a good and etfectu.J seisin in law to the petiti(»nerf
and shall create a fee simple in the said two acres, to
such purcnasr, his, her, nnd their heirs, forever; sttb-
ject nevertheless to the provisos* conditions, and limi-
^,*J|^^_"tatii»n8, in the befoi-e recited act of Assembly; with
ttroyed the this explanation, that if at any time, any mill bereto-
proprietor fore built, or that shall hereafter be built, in pursu-
**'^^^?^^® ance of this or the before rei'iteil act, shall happen ta
wbuild'as ^ ^® burnt, carried away by the water, or any way deg-
for the first troyecl, the pro^irietor being under none of the disa-
building. bilitics there pi*ovided for, shall have the sama time
^**'^^^^^^ allowed, to rebuild and repair such mill, as is there al-
acres to be h>^ed for the first building thereof: And if the bounds
ascertained, of the said two acres are not ascertained in the deed of
purchase, the jury appointed to value as aforesaid^ or
any two m?mbers of the court, or tither i>er8ons whoa
the court shall appoint, shall fix and ascertain the
same, by marks on the land, and express tha same
in writing, under their haH<ts and' seals; wbicn shall
be recorded in the courts and 9hail be sufficient to fix
and ascertain the liounds thereof.
YilL Jind be it further enacted^ That so much of
the said rei ited act of Assembly, as relates to the me-
thod therein directed to betaken by persons intending
to build a \%ater mill, and having land only on one side
of the run, shall be, and is hei*eby repealed*
Bepetling
clause. ,
CHAP. XIL
An Jidf for the encouragement of making Salt Fetrt*
I. I .FORASMUCH as the making saltpetre will be
Jl of grrat advantage to his majesty's subjects;
therefore for^the encouragement of so useful an under-
taknig,
rent money ^** ^^ ^^ enacted by the Liejifenant-Governor, Ceun^
appro- cU, and Burgesses, of this present Ocncral JissenMy, and
Preamble.
lOOOl. cur-
FEBRUARY 1745— 19tli GEOROE IL
36a
it is hereby enacted by thr authority of the sam^^ That
the sum of one thousand pouhdM rui-i-ent money, hp ap-
propriated and paid to the person orprrnons who shall
make, or cause to bemade,goi»d Htid mci^ hantabtesalt
petre: Which said sum of one thimm'tif) poiituls, shali
be given and paid, as a reward or prt-miuoip f-^r the
making of salt petre, after and ariurditig to the ratf'S
following; that is to say, for every pound uii^^lit of
salt {leti-e, made according to the above diiiTtioiiJi, this
sum of three pence.
111. Provided always^ ami if U the frne intent and
meaning if this acU That every jiers^^n or (jeisonH nin-
king such salt petre, as afon-Hiud, before tljey Hhall he
intituled to claim and deinaiKl thf* I'ew ard or i-ewanlh
given by this act, shall apply t«» the rourl of the coun-
ter in which the salt petre shall he mnilr, whii h tourt
is hereby im|iowei*ed and requtred to order t\%o honest
and skilful persons to view, try^ and vvei^ii all harn^ls,
casks, or parcels of salt ]>etre 8r» made, and to ret ;rii
to the said court, an account upon oatlu of the nctt
i¥eight of all such salt petre a<s thry ^hwW adjud^ to
be good, sound, and merchantable; and on ku( h re*
turn, and the oath, or solemn aJUrnmtiouofthe person
or persons claiming the reward ^ tijat the sail petre ho
praduced to the persons appointed to view the Biiint%
was made in this colony, and that no person or pt rsotis
have, before that time, received or itttitoled hin)» her,
or themselves to the reward ^iven by this art; that
then, and in such case, the couii: of \M said bounty
shall immediately certify tlir game to the treasurer of
this jcolony, for the timebeirif;, who in herrby impovv-
ed and required, upon prodmiti^ sucii reHlfiratr, to
pay all such sum or sums of money, as shall appear to
be due by virtue of tliis act.
iV. Jind be it further enactedf btf the aufkartttj a-
f^esaidf I'hat every |)erson nr personn^ who in obtain-
ing any certificate or certifirutes wherrby to jntitle
him, her, or themselves to the it ward or ])i-emfiim
hereby given, shall make a false oatt», and be therer^f
lawfully convicted, such person orpfr^oii<isoojfcndin^,
shall incur the pains and penalties iiiftit led oy law, on
persons committing wilful and corrupt perjory,
V. Jlnd be it farther emictedt Thai this* act shall
jcoipmence on the first day of November next.
priated to
thf makeri
of salt pel re.
Premium 3d,
a pound.
Manner of
obtaining^ttiC'
biHinty mo-
ney given bjr
tliii act
Penalty for
mnkinjET i.
false dnth.
CommeTicf-
mcnt of the
act.
g64 LAWS^ OF VIRGINIA,
CHAP. XIII.
Jln Jictffor appointing several newferries<,
New femes U O ^ ^^ enocUdf by the Lieutenant Governor^ Cmm-z
pointed, f\ ^^ ^^ Burgesscs, of this present General Js-i
»tet tetUed. ^emblyf and it w herdby enacted by the autiiority of the
same, That public ferries be constantly kept at the
places liereii) after named; and that the rates for pas-
sing the said ferries be as follows:
On Appomattox river^ above tlie narrow falls, from
the land of William Pride, in the county of Henricot
0ver the said river, to the land of the said Pride, in
Prince George county, the price for a man, two penc^
and for a horse, the same.
From the land of William Cabbell, in A^tieiiiarie
county, at the month of Swan's creek, over the Fluvan-
na river, to the land of Samuel Spencer, the price for
a man^ three |)ence, and for a hoi*se, the same: And
from the land of the said William Cabbell, over Tye
river, to the land of the said Cabbell, the price for a
man, three pence, and for a horse, tlie same.
On Patomack river, from the land of William Clif-
' ton, in Fairfax county, over the said river, to the land
in the tenure of Thomad Wallis, in Prince George
county, in Maryland, the price for a man, onoshillingt
and for a horse, the same. From the land of Hugh
West, in Fairfax county, over the said river, either to
Frazier's or Addison's landings, the price for a man,
one shilling, and for a horse the same.
From York, Hampton, and Norfolk towns, to tho
land of Liittleton Eyre, on Hungar's River, in North-
ampton county, and from thence to eitherof the afore-?
said places, the price for a man passing singly, twenty
shillings, and for a horse the same; for a man and
horse, or if theiv be more, for each, fifteen shillings.
^ From Tudd^s warehouse landing, in King and Queen
county, to the land of RobeK Armistead Bird, in King
William county, the price for a man, two pence, and
lor a horse the same.
Yor wheel- H* And thatthe courts of the several counties wherc-
crrruiyes. in such ferries shall be kept, shall have power to ap^
{joint proper boats to be kept at the said ferries, for
h' convenient transportation of roaches, waggons, and
-other wheeled carriages: That when aucb boats shall
Mii-
FEBRUART lf45— 19th GEORGE IL 80$
r
be BD provideil and kept, it nUM and may bp lawful far
tW kri'pf i\s of sue li feiTies. tt> ikiDiittd and take, Pur '
till' I e rri a^ nn d c nr r i a j^ <i f sur h ^^ h eel r a r r i si ^es , t Ue |
rollnwrng mtesj (ta v^ it,) Jbr every rnarh, cfiari(it< or
waggon* and fur the driver thereof, the Bame an f »r the
feri'iage of six Imrsee, accurdin.ir to the rates herein
belbre settled at auch ferries re^iK^rtivci} ; and for e-
ftery cart or four wheeled rhaiHe,anH the driverof Ruch
chuise, the same as for the ferriage of four Uoi'seR; and
for vMvvy two wbeel cbaise* or chair, the £»ame as for
tlie ferriage of two horses, arcordifigto the said rates*
and no more: And that the I ire n Ben for keeping the Licenc«s,C^
said ferries, stiall lieobtaineil in the same mannef, and
the keeper thereof have such exemptions and advanta-
ges, and be nnder tbetikeregulatiotisand re^trictinnSy
as iH and aiT by law provided frn^and ifi respect of tiie
k€ei>ers of public ferries, heretofore settled and appoin-
ted. ,
111/ ^jtd be it Junker enacted^ That at the roimty ^ •
ferry nver the Fltivanna« tn the connty of Albemarle^
fnnir tIjL- land of Daniel Scott, to the land of VVilli^km
Batt* i"sbyt the ferry keeper be allowed to tAke the fol-
low ing rates; (to wit,} for a raan* three jience, and for
a hoi'se, the samej for whe^l cari'iaj3:es, and the dri-
vers thereof, the same rates its are allowed to the keep-
ers of public ferriefl, and no more*
CHAP, xir,
^11 Jd* for making reparation for the Tobacco latdy
damaged ajid lost in Gray^s creek and York Wart-
hifuse».
I. Yl^HEREAS large quantities, of tobacco have compenflii-
T T been lately damaged and lost, at the imblic tUm for to-
warehouses at Gray's crej^k on James river, in Surry ^^^^ 1*1™**
county, and at Vork town* on York river, in York coun- ^^Grlv's °*
ty, by the ovcrfiowing^of the tide, a particular account creek "wid
of which tobaccos, with tlie names of nifist of the pni Vork wsirc-
prietors, is stated in a schedule hereunto annexed; '^^^^^
wherefore* to the end the sufferers tlierein mcntitmed
may receive full satisfaction and rc[famtion» for their
several losses;
366 LAWS OF VIRGINIA.
II. Be itewietedf by the Lieutenant fifat?emor, Coun*
cilf and Bur^esseSf of this present General JissenMi/f
andj[itis hereby enacted, by the authority nf the same 9 That
the treasunr of this colony out of tht- public money in
his handsy shall pay to the sufferers n»spectively, ac-
cording to the several quantities of tobacco by them
lost at the public warehouse at Gray's creek* aforesaidf
after the rate of fifteen shillings per hundred; and ac-
cording to the several quantities by them lost at the
public w arehouse at York, aforesaid* according to the
rates following; (to wit,) unto Edward Digges* gentle-
man, one of the sufferers* after the rate of one pound
five shillings per hundred; and unto the other suffer-
ers there* after the rat*' of sixteen shillings and eight
pence per hundred: And that the said treasurer, for
all tobaccos damaged and lost at Gray's creek ware-
house* as aforesaid* pay the several sums due to each
proprietor, to the bearer of the inspectors notes* where
notes were given; and where no notes were given*
then to the person producing sufficient pi*oof of his or
her property* upon oath made* before some justice of
the peace of the county where he or she resides* and
certified under the hand of sucji justice: And for all
tobaccos damaged and lost at York warehouse* as afore-
said* to the several proprietors mentioned in the sched-
ule aforesaid; which shall be a sufficient discharge to
him* as to all the tobacco contained in the said sched-
ule.
III. And whereas one hogshead of tobacco* saved
out of the tobacco damaged at Gray's creek warehotise^
is now remaining in the inspectors hands* and the in-
spectors at both the said warehouses have been at
great trouble and expences* in picking and reprizuig
the damaged tobacco aforesaid:
IV. Be it further enactedf by the autliority afore-
saidf That the hogshead of tc»bacro saved as aforesaid*
be by the treasurer sold; and that out of the public
money in his hands* he pay to the inspectors at Gray's
creek warehouse* afiresaid* the sum of eleven pounds
eight shillings; and to the ins|>ectors at York ware-
house* aforesaid* the sum of thirty four pounds ten
shillings* for their trouble and e.x|ienres; and that the
, money arising by the sale of all the tobacco saved out
of the damaged tobacco 4t Gray's ci*eek warebouse, and
I
FEBRUARY 1715— 1 9th GEORGE IL gg?
sold by the treasurer^ be, wlien received for the use of
the public.
I
The SCHEDULE to which this ad refers,
A List of Tobacco drowned in Gray's creek warehouse-
¥Fhen rccdved*
/ 1743, Novi mbiT I
30.
Of whom.
JVa. G, J\l Tare.
To, priced im
J«ihii Cox,
16 1010 899
lU
Dctember ].
John Warren,
19 1106 1010
96
Benjamin Warren:
, £0 1115 1011
l)ect mbrr 7.
104
Robert Petway,
24' 1150 1053
December 3.
97
Nicholas Faulcon,
30 11 G2 1065
Decrnifirr 14,
97
John Judkins,
32 1129 1034
95
Nicholas Faulcon,
36 10^5 997
Dectnibei* 15,
98
Ditto,
37 1097 1004
December 16.
93
Wil^ Newsura, sen
. 43 !»54 853
101
Robert Petwav,
45 1070 971
99
Rfibert Ni( luilson,
47 1150 lOtiO
90
Nicholas Faulcou,
48 li^l 1030
91
Ditto,
49 1062 969
JauiiHry 1€.
9S
w
William Clinch,
60 985 899
Januarj/ 25,
86
Thomas Edwards,
, 74 1014 899
115
Nicholas Fahlcon,
82 959 864
95
Ditto,
83 1169 1075
January 30.
94
Robert Petway,
101 110 1079
101
February 8.
Ditto,
Ill 1108 Jn03
105
W. Newsum, sen.
112 983 879
104
Faith King,
113 969 871
98
-
February 9.
Samael Rowel,
116 1093 ^998
February to.
95
Charles White,
120 1077 970
107
.1
36S LAWS OF VIRGINIA^
Ditto,
121 1057
959
9i
•fodeph Clinch,
123 1001
890
111
February IS.
Edward Baylcy,
125 1097
1005
92
Ben. Warren,
126 1117
1007
no
lldward Bajley,
128 losa
979
109
Robert Watkins,
129 1035
935
lOtf
Ditto,
132 1023
922
101
Ditto,
133 1044
941
103
Benj. Warren,
134 1102
997
105
Robert Petway,
13$ 1131
1031
100
February 24.
Col. B. Harrison, 136 1038 940 98
March 5.
Robert Fetway, 150 1136 1046 90
March 6.
Joseph Petway, 164 813 716 97 184
March 9.
William Merriot, 172 930 829 101
March 13.
Col. B. Harrison, 187 96S 893 95
Ditto, 18? 1062 969 93
March 13.
Bedle8llnderw6od,201 795 710 85 193
March 19.
John Mooring, 268 9^1 816 105 109
March 20.
Capt W. Brown, 219 1072 976 96
George Briggs, 220 10^0 981 89
Ditto,
222 1069 977 92
March 21.
John Holtj
228 1249 1139 110
Ditto,
229 1040 934 lo6
Ditto,
230 1177 1053 114
Ditto,
231 1153 1052 101
1744. November 2 ;.
Philip Ludwell,
1 1309 1183 126
Ditto,
2 1300 1174 126
March 21.
■^ 232 1103 992 111
233 1047 941 106
John Holt,
234 1103 995 108
"235 1-233 1141 92
236 1089 998 91
^ 237 1080 98d 100
u
i'EBRUARY 1745— t9th G£ORGE U. 369
March 31-
'apt. John Ruffin
,240 1207 1116
April 6.
91
^nthonjHolIadaj
,S59 943 847
April 12*
96
tcarge Biiggs,
967 1072 982
9a
lenry Watkin.s,
2SI 957 875
April 13.
82
;oL B. Harnsonj
,283 1016 918
98
284 1025 927
96
April 23,
Samuel Magitt,
290 1014 914
April 24.
100
2ap« Joliii Ruffin,
295 1183 1076
April v6.
10?
ohn Feniieli,
299 963 867
10^
300 922 815
107
3L>J 893 791
lOS
May 1.
3oLB. UarrUoiii
302 1025 92&
May 2.
97
PVilliain VToraack
,304 950 BOO
150
[osepli Thorp,
«05 1032 93i,
Mjiy 31-
98
?eter Martin,
313 938 S30
June 6.
108
Jiibert Gray,
316 8^7 802
June 7.
95
Benry Tyler,
322 916 820
June !4.
96
roseiih Thorpe,
328 1016 918
9a
329 1091 96y
12£
June 21.
hhri Jarret,
S30 915 8M
93
rikomas Reeks,
332 870 774
Junr 27-
96
Richard Andrus,
343 lori 990
JuTie 29.
81
345 1120 10.il
99
Fhomafi Collier,
346 1067 9;M
94
UhiisT. Muaringt
347 912 B2n
89
351 925 837
88
Gliomas Cfillier,
oM 1027 941
Y T— VoU 5.
86
lu
I2f
loa
i£:
70
»»0 LAWS OF VIRGINU,
July 5.
John Tyns, 361 825 735 90 169
July 11.
Robert Gray, 366 967 870 97
July 17.
John Groves, 373 1 144 1044 100
July 19*
John Collier, 379 1036 946 90
July 23.
Benjamin Carrol, 391 1292 1177 115
392 628 * 524 104 381
^ . July 26.
Nicholas Jones, 401 1139 1015 124
Julj 27.
Benjamin Carrol, 406 1264 1152 112
Thomas Jordan, 407 1120 1003 117
Mary Lucas, 408 725 616 109 287
Joseph Thorpe, 409 977 88t) 97
Capi John Ruffiri, 410 955 845 110 90
Julj 31.
Robert Warren, 413 852 758 94 145
Transfer Tobacco.
James Biiirour, 297 934 850 84
Capt.John Ruffin, M 996 909 87
John Mason, R 996 900 96
James Balfour, L 961 873 88
Capt. John Ruffin, I 981 902 79
N 1004 903 101
Outstanding notes sold t»
Samuel Judkins, 887
Transfer Tobacco, left for
Capt Ruffin, 769
Capt. Cocke, , 209
Mr. Binns, 135
An account of each person's loss^ who' had Tobacctf
damaged in York Warehouse, December 1744.
hhds. lbs. lost
Charles Carter, e 942
William Lightfoot, 2 206
Young Morland, 1 i80
Ralph Wormley, 1 15
Francis Lee, 1 31 8
Rebeica Goodwin^ 1 39
Milflited Smith, 4 355
John Ballard, ^ 102$
li
FEBRUARY 1?45— 19th GEORGE lU 871
^bert Shields^ jun.
atUiew Uubbardf
lin Dixon,
lieoph. Pughf
n\\\t Liidwdl, esq.
an. L, Bui*Wi*]J» esq.
illiafn Harwood^
on. W. Nelson, esq.
ir hard Amliler»
dward Diggf^s, a^iq.
on. F. Liglitfootf f'sq.
dWu Bacon Burwdlt
11
1109
8
1140
2
TO
5
B9B
1
379
33
1987
4
526
4
526
13
1434
11
2077
8
1786
16
1400
CHAP, XV.
4n ^ctf for (dtaing sterol Cmrt dayg^
WHEREAS the court days of the several rouo-
tiea of Nanaemond^ Isle of Wight* Princciis
nne, Norfolk* King WilJianit Albemarir, and AU"
jsta, as the same are now settled ai*e found to be in-
mvenjcnt:
II, Be it therefore eimeted^ by tke: Lieutenant Oox^em- Court days of
, Cmncil and Burgesses of tfns present General As- f^^^^^ '
mbltff and it is herebij enacted^ % ilie authority of the w ight, Piin-
I7IW, That from and after the first day i»f Maj next, tesa Amie,
e court of the said county of Nansemond shall ^^^ ^?'^^5y^'i
Mf on the second Monday: The court of the said ,-^^ ^^^^^
►unty of Isle of Wight, on the serond Thursday: maTie, stud
he court of the said county of Princess Anne, on tiie Auguau, ak
Mrd Tuesday: The court of th* said county of Nnr^^*^^*^'
Ik, on the third Thursday: The cQurt of the said
mnty of King William, on the third Friday: The
mrt of the said county of Albemarle, on the seri^nd
hursday: And the court of the said county of \u*
jsta, on the third Weilnesday, In every month* Any
iw, custom^ or usagei to the contrary thereof not*
ithstanding.
1
i
$7«
LAWS OP VIRGINIA,
CHAP. XVI.
Jin Mf for paying the Burgesses wages h
far this present setsion qf Jissembly*
Mmey^
n.^ kL. !• IXTHCREAS, by one act of Assembly, made io
fttsmb^ ▼▼ tbe third and fourth years of the reif^n of
his present majesty, intituled, Aq act, for the better
regulating the payment of the burgesses wages, it was
amongst other things enacted, that when any sessioa
of AsSjembly should be tiiereaftj^r held, and upon exa-
mination of the treasurer's accounts* it should appear,
that there are monies sufficient,' jn his hands, to dis-
charge all the money debts, together with the bur-
gesses wages, and the salaries and allowances to the
respective officers of the General Aasembly, leafing
and reserving in the hands of the treasurer, over and
above the said payment, a ballanre of one thousand five
hundred pounds at the least; then every burjs^ess elec<
ted, and serving, for a county or corporation, within
this dominion, should be paid, out of the said public
money, the sum of ten shillings, for each day lie should
serve in the house of burgesses, with such further
allowances, and under such restrictions, and regulati-
ons, as in the said act is at large directed.
II. And whereas, by reason of great arrearages of
the duty upon slave^s, and other contingent charges, the
wages of the burgesses for this present session, can*
not be discharged in money, acc9rding to the letter of
the said act; but it is likely, that by receipt of the
said arrearages, and otherwise, there will soon be mo-
ney sufficient in the hands of the treasurer: And for-
asmuch as the payment of the burgesses wages, in
tnoney, for this present session, will be a great ease
to the poorer sort of people, by lessening the levy by
the |ioll:
3urgesseA Ul* Be it enacted^ by the Ideutenant-CUroetyior^ C^wa-
wagesto be ctf, and Burgesses of this preseni General JUssen^ly^ aai
paid in mo- ^ £, hereby enacted^ by the authority of the same, ThaJ
^^^' the burgesses wages, for this pi-esei^t sessicm of Assem-
bly, shall be paid by the treasurer, on the tliirtieth day
of (Ictober next ensuing, out of the public money then in
his hands, according to the directions and regulations
,pi the said recited act mentioned^ And thing in the
FEBRUARY IMS— 19th GEORGE IL 373
said acty to the coiiti'ar]^ thereof, in any nis^* notwitli-
standing.
CHAP. XVIL
Jhi AcU to a%Mnd the aeU for giving a reward for ktl-
^ ing fVoLves in the muntij of Frederick; fa ht levkd
on the inhoMtants of tlie said mnnty^ by the canrt;
and for altering srun^al cfntrt days; and to coiled a
Tax already laid on the inhatilants of ^u^nsfa
Cknmty.
I. XSJHEREAS* by the act of Assembly, made in
y y the eightH-nth year of the reign'of Ids pro- Preamble-
sent majesty^ intifulcd, An act« for ^ivin^ a vewardt
fop killingof Waives, in therountyorFreclprfck; to he
levied joi^ tiie lnhabitHnt.s iif the said cotinty; and for
altering several ^ourt days; it i» enni ted, Thfif fnnrj
and after the first day of ^Jovemher ucxU a rrward of
^ix shillings, for every old Wolf, and fwo shillings
and six pence, for every young Wolf* killed withiu
the county of Frederick, shall bi^ paid to the p:irly (ib
taining certificate thereof, un<ler Hip hand of a jiii^tice
of peace of tlte said cinunty, upan o^itli, sind leci;^!
proof, before him made; and Hie justices of the said
county of Frrderick* sliall and may, annually, at the
court held (*tr layiii^r the county levy, nuRV and levy,
iipon the titliahle jiersciiHtbcrehi!, tlie rewards tine up-
on such cert ifica ten, fo the ctmvt prfjd^jrrd: to he dis-
charged in money or ^rain, at the rate settled by such
courtyfrom time to timetan4l to be paid to the persons,
respectively, intituled thereto, at the next munty court
held after surik levy laid, far and durins^ the terjtj of
four years. And whereas the justires of the said
county court of Frederick, liath hitheiliO ne,e;lectpd or
jrefused to levy, and raise the i^e wards due, for killrng
Wolves^ as in and by the said recited act is dirrrtrd,
to tUe great loss and prejudice of jiersons intituled to '
such rewards;
11. Be it therefore enachdt by the Lieutniunt -Govern Rewipds for
qrf CnunciU (iml Bur^esseSf of this present General M- Vl\\,^>^
semltlyf and it is hereby evtnttiU by the anHwnty oftht^^^^*^'-^J^^
same. That tlie josticls r>f t lie said ronnty sliail h \'^ * ^i^jerict
for all certificates to be profbjced to them since the
374 liAWS OF VIRGINIA.
first day of November, 1744, unto the first day of
M«y, 1746, six shillings, for every old Wolf, and two
shillings and §ix pence, for every young Wolf; and
after the said ijrst day of May, 1746, there shall be a
reward often shillings, for every old Wolf, and five
shillings, for every young Wolf killed in the said coun-
ty; to be levied in current money upon the tithaMe
persons within the said county, for all certificates ob^
tained and produced, as aforesaid, annually, at the
court held for layingjthe county levy, and to be paid to
the persons respectively entituled thereto, within six
months after such levy laid, for and during the remain-
der of the term of four years, aforesaid: And if the
justices of the said county shall refuse or neglect to le-
vy such reward, every justice of the peace, so refusing
or neglecting, shall respectively forfeit and pay the
sum of five pounds^ one moiety to oqr sovereign lord
the king, for and towards the better support of this go-
vernment, and the contingent charges thereof, and tlie
other moiety to him, or them, that will inform or sue
for the same: To be recovered with costs, by action of
debt or information, in any court of record within this
colony and dominion.
ill. Jtnd be it further enacted, by the aiUhariiy a-
foresaid. That so much of the said recited act as
is contrary to this act, be, and the same is hereby re-
pealed.
IV. And whereas the act, made in the fifteenth year
of the reign of his present majesty, intituled, An act,
for laying a tax on the inhabitants, of Augusta county,
and appropriating the money thereby arising to their
use, is ceased and determined, the governor, with the
consent of the council, having lately erected a court for
the said county; by which means the collectors of
the tax therein mentioned, have no power to collect,
or make distress for the same:
Sheriff of M . Be it further enacted, by the authority aforesaid,
^'Jg^^^' That the sherifTof the said C(»unty of Augusta, for the
collect cer- time being, shall and may levy the said tax, or so
tun taxes much thereof as is now in arrear and unpaid, by dis-
therein. tress and sale of the delinquents goods, in the same
manner as for non payment of the public and county
levies in this colony; and shall p^.y the monie.s, so to
be by him levied and received, to the several persons
intituled theretoj by virtue of the last mentioned act.
FEBRUARY 1745— 19tJj GEORGE it 375
and shall also account for the !»ame, or ao much there-
Qt\ AH aUM be put into his Uaiida to collect^ according
to tlie 8aicl act.
CHAP. XVIIL
Jn ^ct, for ike. more effectual tlenrhig of James find
Mppamattox Rivers,
I-'CMrHEREAS f^reat numhers of tlie inhjihifantsCourtaof
TT of the counties of Goochlaml, Amelia, a n(l p^^^j"^^^^^
Alheniarle, do brini^ tlirir tiihacco down James and George, A-
Appornaitox rivers, fur the innre convenient transpor- meUaGooch-
tation of the same^ to the public wareliouses; and it |^"^' aj^d A!-
hatli been cjuestimieii, wlnthcr, by the laws now in tC^vd t^'
force, tiie justices of the county courts are snflicientty order the
impowered to order the cli'aring the said rivers above ^i^*J^"g<^f
the ebbing and flowing of the" tide; Tbci-efore, f^** ^'j^^^^^iitt^^
settling that matter, rive^** °^
IK Be it enacted^ bifithe Lieutenant- GoxHTnor^ C&andh
uud Burgesses of ihs present General ^isstmbly^ und H
is hereby etmi'ted^ bij theuuihoritij of the savie^ That fi^m
and aher the p;tss]n,^ of tliis art, it shall and may b\\
lawful for thejugtireg oTtlte Bt'Vi'ral rounty courts uf
Henrico, Prince G<*orge, Amelia, Goochland, and Al-
bemarle, and thej" aiv hereby impowered, to order tJic
clearing of the si\id rivei^, where they are now or
may fiei-eafter he ohntroc ted, by any trees or siumps*
i^hether the same be above the ebbing and flowing of *
the tide uv not; and to levy the charge thereof on the
titbables of the county or counties, as the case may he>
pursuant to the directions of an act, made in the eip;hth
year of the reign of his late majesty kitig George the
first, intitled, An act^ for the more effectual clearing
of rivers and creeks-
HI. And be it further ermcted^ by the authoritfj a-
foreutidf That if any person or perst^ns shall hLieaf-
ter fall, or cause to be fallen, any tree, into either of
the said rivers where they are niivi^able, ami not im*
mediately clear the same away» lie, she, or they, shall
forfi it and pay, for fhe first iiffenr e, ten shillings, and
for every ofleiice after, fifteen shillini::^, ts* the inform-
er j to be recovered with costs, before a justice of the
peace.
37ft i-AWS OF VlRGlwiA.
IV.' And whereas the making and i*aiaing of nulf^
daoiR, and stone-stops, or liedges for catching of Fishf
18 a great obstruction to the navigation of the said ri-
vers; Be it further enacted^ by the authority afore-
saidf Thstt M mill dams, stone stop;^, and hedges, ak
ready made across either of the said rivers, where they
are navigable, shall be thrown down and destroyed by
the person or persons who made the samef and that
tor the future, no mill-dara« stone-slop, or hedge, shalf
be mado, placed, or set, in eitlier of the said rivers;
but that every person who shall not, before the last
day of October next, i*emove and destroy aiiy and e-
very mill dam, stone-stop, and hedge, so made and
set up in the ^aid rivers, or who shall hereafter pre-
sume to erects make, or set up, any such' mill dam»
stone-stop, or hedge, shall forfeit and pay to the in-
former, five hundred p<iunds of tobacco, for every sucJi
ofiVnce; to be recovered, with costs in any county
court, by action of debt, bill, plaint, or infurmation:
And if after conviction, the person or persons so offen-
ding, shall suffer the said mill-dam, stone-stop, or
hedji^e, to continue, and not destroy the same, he, she,
or they, so offending, shall for every week they suffer
the same to remain, forfeit and pay, to the informer,
one hundred pounds of tobacco, over and above the
penalty already inflicted by this act; to be recovered
with costs, before a justice of the peace, if the fiir-
Teitui*e exceed\not two hundred pounds of tobacco,
or else in the county court, if it exceed that sum.
V. Provided always^ That wliere any mill-dam is
already made across either of the said rivers, and tlie
owner or owners thereof, shall, before the last day of
October next, make a lock or passage through the
same, that boats or other vessels may pass with safety,
unless impeded by rocks below the dam, such owner
or owners shall not be liable to the penalties or for-
feitures in this act mentioned: Any thing herein
contained, to the contrary thereof^ in any wise, not-
withstanding.
VL And be itrfurthet enacted^ by the authority o-
foresaidt That the several county courts uf Henrico^
Prince George, Goochland, Amelia, and Albemarle,
shall, if they think it necessary, in the month of A-
pril or May, yearly, appo'ut two or more proper per-
sons as surveyors to clear the said rivers^ and view
FEBRUAUT 1745— mii GEORGE II. 877
ny Incks made in any such mill dams, and such sur-
ej or'* shall ropoit to tlie next court, tlici ftufRcicnry
r iii!}iiflirieucj of Rurh Itickfij and if it shall appear to
ny of tiic said cnurts, by siidi I'cport, that any audi
jcks are not 8iifli( lent for the passage of ho»ts or o-
[ler vessels, that then such court to wtmm such tvport
1 made, slvM order the pulling down and destroying
uch milUdams and h»cks, unless tlie owner or owners
^lel'eaf shall, he fore the first day of October ftdlow-
ng, repair and mako sufGcient the lock or Jocks so i
omphiined of.
VII. Jnd be it further enacted f by the authority a- ,
Qre&aidi That before the puIJingdown and destioying l
ny such niill-dains and ]ock^, the court of the county 1
there such iniH-dami* ai'C, shall appoint four or moi^e ^
f their number, to view such mill dams and locks, ^
V'ho, if the said locks are, in their opinion, still insuffi- i
lent, shall immediately direct the pulling down of the
arnet unless the pioprietor can offer some expedient ' i
hat shall be acceptable to the said viewers, and wtiich ^
le will become bound to |}erform; and if tfie ]iuiling
lown be resolved on, they shall report their opinion of
he value thereof, upon oath, to the next court; '
vhich report and valuation shall, at the court tu be
leld for the proof of public claims in their county t be i
^Ktfied to the next succeeding Assembly, that such J
valuation may be paid to the owner or owners of such
nills, to be levied on those counties which shall be be- ^
leHtted by the pulling down such mill-dams and locks* ^
VilL *3jia be it further entictedf That this act shall
iootinuc and be in foire four years, atid fioin thence ♦
o the end of the next session of Assembly^
CHAP. XJX.
3>x Mi* for giving a certain sum of maney ta intstees, i
for clearing the Fluvanna^ and for appointing a store '
hmise at f^^estham; and for other purpous therein
mentioned.
U \W7 HERE AS it is found, by experieitce, that the Money vejt-
T T Fluvanna river is, in some measure, useful fur edintommts-
ranspoHing tobacco, and other things, but that sever- ^'i^.^Pl^^^^
Z /—Vol* 5. n» river.
m
4.AWS OF VIIRGNIA,
ai places in the said river are obstructed by rocks^ ^
'as to render the navigation difficult and hazardous; and
it being tliought that the ( learing the said river wQl.
be a great advantage to the inhabitants of this colony^
especially tliose to the Westward of the great moun-
tains: Therefore, for the encoura,t;|,ing of so useful an
undertaking,
11. Beit enacted^ by the Littitenant Governor 9 Conn-
^, and BurgesseSf of this present General ^ssemblyf
and it is hereby enactedf by^ the authority of the sanu^
That the treasurer of this colony shall, and he is here-
by impowered and directed, out of the public money
now in his hands to pay to Joshua Fry, Charles Lynrh,
Benjamin Cocke, William Randolph, and Peter Jeffer-
son, gentlemen, the sum of one hundred pounds, ir
trust, to be by them or the survivors of them, applied
towards clearing the said river, in such manner as sUM
by them be thouglit most convenient: And the sai^
' Joshua Fry, Charles Lynch, Benjamin pocke, William
Randolph, and Peter Jefferson, gentlemen, shall be,
and they are hereby required, to apply the afoi^esaid
sum of one hundred pounds, as soon as conveniently
may be, to and for the use and purpose herein beft^re
mentioned, and be accountable^ far the same, from time
to time, to the General Assembly.
Public store, jj j^ And whereas itis expedient, that a public storc-
crecteVat * ^ouse should be appointed, above the falls of James
M^estham, river; Be it tlierffo re further enacted^ by the author-
ity aforesaid^ That a public storehouse shall be ap-
pointed at Westham, on the land of William Byrd, and
shall be constantly kept and maintained, by the propri-
etor thereof, for the receiving tobacco and other goods
and merchandizes; and that there shall be paid and sa-
tisfied to the propy*ietor thereof, by the owner or own-
ers of surh tobacco, or other goods or merchandizes,
whi( h shall be lodged and kept therein, for th^ sto-
rage for the sjme, the rates and price? following; viz.
for every cask, containing sixty gaflons, and upwards,
and every bale or parcel of the like or greater bulk,
six pence, for the first day, or'three months, and^ne
penny for every month afterwards; and for every cask
unfier sixty gallons, and for every bale or parcel of a
less bulk than a sixty gallon cask, three pence, and
one penny* respectively, fop every month, asafor^aid;
and for all salt and grain not packed in casl^^ the price .
FEBRUARY 1745— tJTth GEORGE IL i^^
of storage filial] be after the rati' of ri^lit pi»»ice for
suctren iiushrls, hihI h» {JmiKirtttrnHblc for a lesser or
gi'f atcr quantity^ fi>rtln' fii'st ilay ur three niontlis, and
one penny fur every inonth arter wards: Wliirli sever-
al ratfs kiud iirires »)ialL be |>»id ami Batisfied^ before
such tobucccip i!;oo(ls, or inercbandize^, no hulged in
the ^aid sLDiThoiiBe, sball be takiMi nut or removed
til re from; and tfiat the proprietor shall keep every
parcel of salt and strain, broup;b't loose and unpacked to
tlie said sstorelKiusct in separate lieapis or parcels* un-
miJ^ed with any oth^rt and sfiall tieliver out the. whole
tlieretif as received; and if It shall have really last anj
of its quantity by meltingt or by rata^ or other uuavtiitl-
abb accidents^ the owner of su( h goods shall bear the
loss, unless it exceed the sum or fjuantity of five per
cent- if taken out in three months, or if it lie lun^r^
«ne per cent* per month, luit cXteediiig ten per rent.
In the whole.
IV, Jnd be it also further enacted f by Hit autharitg
aforesaid f That if the pn^prietor of the said stui'ehouse
shuU refuse to take itk any tobacco, ^ottds, or mer-
chandizeSf whic h shall be brought to surh house^ he
ur ^be, so refusing, shall bt* liable to satisfy, make
good, and pay the owner or owners thereof, all such
damages as lie, she, or they shall stistain, by reason of
the said tobacco, goods, or men handizes, not being
received and kept in such storehouse; af»d mnreoTer ^
shaii he Jiable to an action at common la\v, for any
damage that sball or msy happen to any such tobat co,
goods, OF niei-cbandizes, during the time they shall be
ill i lie custody, or under the raii; !>f the said pi'oprittor,
or wiiieb shall U6 lost out of tlie said warehouse, for
want or due care,
V, And whereas many persons who live distant from
navigation, and have tin ir goods lauded at storhousis,
have suffvred greatly j by not having them preserved
fi-om Met, and other casualties; and it is hard to fix
upon the person by whom the neglect or abuse iscom-
mittiMl: Be U therefore further enacted^ That for
the future, the owner or keeper of any storeliQUSe, shall,
At the time of icceiving any goods or me it hand I zes iiir
to his or her ( ai-e, give a receipt, in writing* ti> the
person or persons wlio shall deliver tliesame; m which
rereipt shall be partirularly menrmned the maiKs num*
bers and coudition of the severai sorts af guvils bf
*^
380 LAWS OF ViBGIN I A,
him or her received, which receipt shall be by ttte
owner or keeper of the said storehouse, fairly enter^
in a book, to be kept for that purpose: And if the
owner or keeper of such storohouse shall fail to make
a fair entry in his or her book, as aforesaid, or refuse
to give a true copy of such receipt when required* bo
or she in either case so offending, shall forfeit and pay
the sum of twenty shillings, to the informer: Xo be
recovered, with costs, before any justice of the peace
in that county wherein the said offence shall be com-
mitted.
CHAP. XX.
•tfn MUfor confirming the vestries oftlie parishes of 81.
Anne und Truro; and for dissolving the vestries of
the parishes of St. Margaret and JVewporf*
Election of I. ''^^jJ'HfcREAS some doubts have arisen* >^hethcr
vestries of ^ V tlie election of vestrymen in the parish of St
Trn^ coi!^ Anne, in the county of Albemarle, and the last electi-
finned. ' o" *>^ vestrymen in the parish of Truro, iii the county
of Fairfiix, were strictly legal and i*egular:
Vestries of II. Be it therefore emacted^hy the Limtenant'Oatem-
St. Margaret q^^ Connctlf and Burgesses, of this present General M-
SmoIvcT^^ «ew5iy, and it is hereby enacted f by the authority of the
same. That the said elections of vestrymen ih the
said parishes of St Anne and Truro, be confirmed, and
the said vestries are hereby established^ as and for the
legal vestries of the said parishes: And all and every
levy and levies heretofore assessed, and every other
act ynd thing by such vestries dune or suffered, shall
be, and they are hereby declared to be good, valid and
^ eflictual, to all intents ami purposes.
111. And whereas it hath been represented to this
Assembly, that the election of vestrymen in the parish
of St. Margaret, in the county of Caroline, on the twen-
t} first day of May last past, was disorderly and ille-
gal: Be it therefore enacted, by the authority afore-
said. That the vestry, or pretendwl vestry of the said
parish, is, and are hereby dissolved: And that all and
every act and acts, thing and things, which at any
time or times hereafter, shall or may be performed suf-
fered^ or done by them, as a vestry or pretended vet-
tEBRUAtlY 1745—19111 GEORGE II ggOl
Irjr of the said parish, shall be, and are hereby declar-
ed to be utterly void, to all intents and purposes what-
soever.
IV. Provided always, Tliat all and every lev^ and
levies heretofore laid, and all and every other act and
thing by the said vestry or pretended vestry, done or
suffered, shall be good, valid, and effectual, in as full
and ample manner, as if the election of the said vestry
had been legal and regular.
V. Provided aUo^ and be it enacted. That the collec-
tor of the said parish of St. Mar-^aret, shall and he is
hereby impowered and required, to pay and satisfy, un-
to the present minister or incumbent of the said par-
ish, on or before the last day of May next, the salary
allowed him by law, out of the tobacco in the state of
the last levy, in the same manner as if it had been
therein particularly levied for his use: And in case
such collector shall fail to pay the same, he shall be
liable to the action of the said minister or incumbent,
his executors or administrators; for all damages to bo
sustained, by reason of the non-payment of such sal-
ary.
VI. And whereas the vestrymen of the parish of
Newport, in the county of Isle of Wight, have repre-
aenteti to this Assembly, that they are old and infirm^
and thereby rendered unable to perform their duty,
and have prayed to be dissolved: Be it therefore en-
acted, by the authority afuresaid. That the vestry of *
the said parish of Newport, be, and it is hereby dis- ,
solved: And that all and every act and acts, thing and
things, which, at any time or times hereafter, shall or
may be performed, suffered, or done by them, as a ves^
try of the said parish, shall be void, and of none ef-
fect
VII. And be it further enacted, by the authority afore-
said. That the freeholders and house keepers of each
of the said parishes of St. Margaret and Newport,
shall meet at some convenient time and place, to be ap-
pointed and publickly advertised, at least one montli
before, by the sherifs of the said counties of Carolina
and Isle of Wight, respectively, before the first day of
June next, and then and there elect twelve of the most
able and discreet persons of their several parisliei, to
be vestrymen of the said respective parishes: Which
said vestrymen so elected^ having taken the oaths ap^
«87 i-AWS OP VIRGINIA,
pointed by law, and Subscribed to be conformable to
the doctrine and discipline of the church' of England,
sliall to ail intents and purposes^ be dedmed and taken
to be the vestrymen of such parishes.
CHAP. XXI.
Jin Adf for settling tlie allowance on Tobacco paid in
the county of Lunenburg^ in discharge of public debts;
and to oblige the sutveyors of that county to reside
therein.
^ I. "O E it enacted^ by Ute Lieutenanf-Governorf Coun-
Publio levies Xj cili and BurgesseSy of this present General As-
and fees in sembly^ and it is hereby enacted^ by the authority of the
llow^p;^yMt ^^^^» ThsLt all tobacco which shall be due inthecouh-
in tobacco, ty of Lunenburg, for levies, quit-rents, secretary's,
clerks, sherifs, surveyors, or other officers fees,'shall
be paid and discharged in ins|>ectors notes, of Cabbin-
Point, or any other warehouse above, on the south side
o)* James river; and that an abatement or allowance
out of the said quit-rents and officers fecfs, of thirty
pounds of tobacco for every hundred, and so propor-
tionably for, a greater or lesser quaiitity, shall be made
Surveyors of to the person paying the same, which he may retain
Lunenburg, {„ j^jg q^^ hands.
thewb.* "• ^^'^ *^ ^* furfher enacted^ That all and evcrjT
surveyor and surveyors of land of the said county of Lu-
nenburg, shall be resid<'nt in their respective districts
in the said county, during the time lie or they shall
continue in office, on penalty of forfeiting ten pounds
sterling, for every month he or they shall reside out
of the same, after the first day of October next; on«
moiety of whit:h shall be to our sovereign lord the king,
his heirs and successors, fol» and towards the better
support of this government, and the contingent char^
ges thereof, and the other moiety to him or them that
will inform or sue for the same: To be recovered by
action of debt, or information, in any court of record
within tills colony^
FEBRUARY 1745— 19lh GEORGE IL 383
CHAP. XXII.
^n Mtt for dividing the county of Brunswick and
parish of St, Jittdrew; and for other purposes there-
1.11 tnentioned*
h ^tnjTHEREAS divers inroiivenienriea attend tlie '
T f upper itihaliitRntN uf Brunswick county, by
reason nf tfieir great distanre fnmi the court house*,
aud (itfier placefj^ usually ap|>omted far public ttieet-
iugs:
il« Be it therefore enactedf by the Lietdenant-Oovern- Bmnawick
^ijFt Council und Burgesses, of this present General *'^^-^^^^^ ^^'
sembly, ami it is hereby enacted* bt^ the authority of the nenbuU foS'
sainef Ihat from and immtdiatply after the first rlaynicd.
of Ma} next, tbr suid county of Brunswick be divi- 4
ded, by a line to be run from the country liue, where I
it ( rossi'H Roanoke river* beh>w the place railed Urn [
Hoise-FiJai([> to strike Nottoway river at the fork; I
and that part of tlu^ said county which lies below the
Bald line, be erected iniU* one distinct county, and re- '
tain ttie name of Brunswick; and all that other part
tliereof ab(jVi' the said line, be one other distinct coun-
tjLf and called by theiiarneof the county of Lnnenburg-
And for I he due ailmini^ration of justice,
11 1 • Be it further enucialf by the aut/mrity aforesaid tCo\sn day»
That after the said first <Iay of May, a court fur the
said county of Lunenburg be constantly held by the
justices therenf, on the first Monday in evei^ month,
hi surli iminner as by the laws of this colony is provi-
ded, and siiall be by tlidr commi^sinn directed,
IV. And whereas, by n?ason of tlic situation of the
parish of SU Andrew, in the said county of BruTiswirlc,
the minister and inhabitants do fabour under divers in-
con venience.s: For renifival of which for the future,
¥• Be it further enacted. 'I'hat from and after thePariAorsL
first day of May, the said itjariah of St. Andrew shall ^"^^"^*li**-
be divided into two parishes i^ that is to say, all that ^
part of the said parish that lit^s in the county of Bniiis*
wfck. shall hereafter be estei^med one distinct parish,
and be called and known by tie name of St. Andrew;
and all that pajt of the said pat ish of St^AiKli ew which p^*^^ f^
will be Jn the county of Lmie.uburef, shall ijc erected ed.
^nto one uther distinct parislK und called and known
384 LAWS OF VIRGINIA.
' by the name of CuiQberland* And for the better ois
dering of parochial affairs in the said parishes,
VL Be it further eimcted^ by the atUhority afore-
saidf That the v^tr^ of the said parish of St Andrew^
as the same now stands entire and undivided, be, and
they are hereby declared to be dissolved; and that
the freeholders and housekeepers in the said parishes
respectively, shall meet, at some convenient time and
place, to be appointed f^nd publickly advertised by the
respective sherifs of the said counties of Brunswi<;^k
and Lunenburg, before the first day of September next,^
and then and thei*e elect twelve of the most able and
- discreet persons of their respective parishes; which
persons so electedj, having taken the oaths appointed
to be taken by law, and subscribed to be conformable
to the doctrine and discipline of the church of Eng-
land, shall, to all intents and purposes, be deemed and
taken to be the vestries of the said parishes respective-,
ly: Which said v^tries are hereby impowered and
made capable to take, receive, and liold any lands, te-,
nements, or hereditaments, which shall be purchased
or given as a glebe or glebes, for the use of the minis-
ter of each parish respectively, for the time being, for
over.
VII. ProvidedalwaySf That nothing herein <^>ntiii!^-.
ed, shall be construed to hinder the sheriff or collec-
toi*s of the said county of Brunswick, and parish of St.
Andrew, as they now stand entire and undivided, from
making distress for any levies, fees, or «»ther dues,
which shall be due from the inhabitants of the said
county and parish, after the said first day of May, in
such manner, and not otherwise, as by law he or they
might have done, if this act had never been made: Any
law, custom, or usage, to the contrary thereof, in any-*
wise, notwithstanding.
VIII. And whereas, by one clause of an act of As*
sembly, made in the twelfth year of the reign nt his
present majesty, intituled, An act, to encourage set-
tlements on the Southei*n boundary of this colony, it
was enacted. That all and e\ery person and persons
whatsoever, who, within ten >ears after passing
the said act, should import themselves into this colony,
• and settle upon Roanoke river, on the S(»uth hranch of
the«ame, above the fork thereof, and on the North
branch of tiie said river, above the mouth of Little
FEBRUARY 1745— 19th GEORGE II. 385
Roanoke, otherwise called Lickinghole, including all
the lands on all the said branches^ and the lands Jying
|>etween them^ then deemed to be in the county of
Brunswick, and parish of St Andrew, should be ex-
raipted from the payment of public, county, and par-
ish levies, until the oxpiiation of the said ten years;
which said clause, those persons noif pray may be re-
pealed:
IX. Be it therefore enacted, by the authority afore-
said. That the hame so far as relates to such ex*
emption, be repealed. .
CHAP. XXIII.
^ Act, for obliging the parish of 8t. Martifi to re-
pay to the pansh of FredericksvUle, their proportion
of ninety four pounds, levied on (he said parish of
8U Mdrtm before the division thereof.
I. inZ HERE AS by an act, passed at the last session parish of aj*
T ▼ of Assembly, it was enacted. That the vestry Biartin to re-
of the parish of St Martin, should, and they were P»y .^^'»r
therebjr impowered and required, to levy, upon the™^jj**^f i^e^
titbabie persons of the said parish, as much money and dericks?me.
tobacco as should be sufficient, to i*eimburse the parish
of Fre^ricksville their proportionable part of tour
hundred and ninety six poundsnaiid ten thuusandpounds
of tobacco, for'building a large brick churrl|, before
the division thereof: And whereas it now appears, that
the vestry ofthe said parish o/ St. Martin, levied upon
the tithable persons of the said parish, as the same
then stood unSlivided, ninety four ppunds more than the
said four hundred and ninety six pounds, and ten thou-
sand pounds of tobacco; and have made humble suit to
this Assembly, ip have their proportionable part of the
same re-imbursed to them:.
II. Be it therefore enacted, by the LipUenant'Oovem-
#r. Council and Murgesses, of tliis present General
Jlssanhjy, audit is her Ay enacted, by the authority ofthe
same. That the vestry.ofthesaid parish of St. Martin,
9haU, and they are hereby impowered 'and required, to
levy, 09 the tithable persons of the 'said. 'parish, as
Vaach tobacco as shall be sufficient to reimburse the
A S— Vol, 5.
w
LArWS OF yUUHNIAt
t
inhabitants of Jtbe said parish of Fredericksvilley their
proportionalile pairt of the said ninety four pounds «t
the laying 'th0 next parish levy; and shall pay tke
same unto thcf yestry of the said parish of Freoericks-
Tille^ for the tlpe heiii^ to he by them af^plied to the
Qseof the said parish. '
CHAP; XXIV.
jfn JkUfor enlarging the power of the Sheriff of Jaffne$
City County f
I.^TSTHEREAS the coart-houpe oftheoonpty of
T ¥ James City is so placed, that ^rsons may
easily evade being summon^ to attend the court afi
jurors^ unless the power of the sheriff of the said coun-
ty be enlarged, and authority given hini» to supumon
Jurors, as well in that part of the city of Wiltiamsborg,
which lies in the county of York, as in James-Cify;
to the great delay of justice in the coiirt of the mU
county of James City i
^enffof ' 11. Be it therefore enacted by the Lie^enant'€hwir%^
jiurtea cinr ^^ CowtcUf and Bwrgesse$9 of thi$ present General J^
^JJ^^j;^^ the authority of Hk
^efrin any samtf That from and after the passing this ftcC the
toartofwil. aliertffofthe said county of James-City, for the tine
j^*"***"*- being; and his under-sherife, or deputies, and every of
them^ shall be, and they are hereby imppwered and
authorized, to summon jurors of the inhabitants ef
James-City, in all and every part of the city of Willi-
amsburg, as weir in that part that lies in York
as in James-City, to serve on juries on the days
appointed for holding courts in the said coonty of
James-City: Ally law, custom, or usage, to the con-
trary thereof, in any wise, notwi^standing.
FEBRUi^T 1745— I9t6 6£0R6£: II d8t
CHAP.XXV.
Jki Jictf for preventing the kidUing upooden ChifknieSp
tn the several towns therein mentioned^ and pvUing
downiudi aiare alreadji butU in the said towns;
emd to restrain Hogs going at large in JiewUnvn, and
J)rtwcastte.
h ^^^TTHERB AS the iBbabitantsjortiie several town3
TV ofPortRoyah in the county of CaroIine,New- Wooden
castle, in tiie county of Hanover^ and Suffolk, in the ?jf? "^^ ^
county of Nansemond, are in great danger of having Sbc toims^tf
their houdes and effects burnt and consuntM, by rea- port Itoyai,
ten of many wooden cbimities, which are already erec- New^ie,or
ted and buUt, and are building and erecting, in the said ^^^^^'
towns; /
II. Be it ihertfore enacted, by the Lieutenaifkt Goroer*
ii0r, Ccmidf, amd BurgesseSf t^this present General
^senMy, and it is hereby enaciedf by the anthority of the
same, lliot it shall not hereaTter be lawful, nir any
person whatsoever, to erect or build, oi* cause to be
erected and built in the said towns^ any wooden chW-
ney; neither shall it be lawful, for any person whatso-
ever, after the first day of May, in the year of our lord
one thousand seven hundred and fifty, to 'make use of
any wooden chimney already erected in the said towns;
and that the owners or proprietors of all such wooden
chimnies as now are in the said towns, shall^ before
the expiration of the time aforesaid, wholly destroy
and disuse the same, or cause them to be pulled down;
otherwise it shall be lawful for the sheriff of the said
counties of Caroline, Hanover, and Mansemond, re-
q[)ectively, and they are hereby required, to cause all
such wooden chimnies to be pulled down and demo-
lished: And in like manner, it shall be lawful for the
said sherifs, and they are hereby required, to cause to
be pulled down and demolished, all other wooden
chimnies, which shall be built or erected in the said
towns, respectively, in breach of this act.
III. And whereas it is represented, that a great ^^^^ ^^ ^
number of hogs are raised, and suffered to go at large, nuTat large
in Newtown, in the county of Princess Anne, and the in the towni
said town of Newcastle, to the great prejudice of the ^Newtown
inhabitants thereof. Be it further enacted, by the au^ Si: **"*
thority aforesaid. That from and after the passing of
g38 l^WS OF VIRGINIA,
this act, it shall not be lawful for any person or pw-
sons, owners of any swine, to suffer the same to run or
go at large, yrithin the limits of the said towns of
Newcastle and Newtowni and if any swine shall be
found running or going at large, within ihe said limited
it shall be lawful for any person whatsoever, to kill
arid destroy evei y such swine so running at iiirge.
IV. Proroided alwaySf That such person shall not
convert any such swine to his or their own use, but
shall leave the same in ihe place where it was so kill-
ed, and give iramediaie notice to the owner thereof
if known, and if notj then such person shall immedi-
ately, inform the liext justice of the jpeace thereof^
Who may order ttie same to the use of aiiy poor peroon
or Jjersohs he shall think fit*
y. Provided always. That nothing herein contain-
ed, shall be construed, deemed, or taken, to forbid or
hinder any person or persons from driving any swine
to or thro' the said towns or limits thereof, in order to
sell the same, or in their removal froiri dUe plantatioa
to knoih^r.
jiuritobc ^^ A"^ whereas allowing fairs to be kept in tb/i
kept^nNew- said town of Newcastle, will be very commodious t»
ca^e. the inhabitants of that part of this colony. Be Ufiar-
ther enacted. That for the future, two fairs shall and
may be annually kept and held, in the said town of
Newcastle, on the first Tuesday in April, and the third
Tuesday in November, in every yeair^ each io continue
for the dpace of two d^ys, for the sale and vending of
" slII mafiner of cattle, victuals, provisions, |;oods^ wares,
and merchandizes whatsoever; on which fair days,
and two dayd next before, and tWo days next after each
of the said fairs, all persons coming to, being at, or
^oing from the same, together with their cattle^ goods,
ilrarei^, and ilnerchandizes, shall be exempt and priyi-
le^ed, from all arrests, attachments, and executkifM
whatsoever; except for capital offences, breacfies o^
ihe l>eace« or for any <;ofitroVersieB, suiti^ a6d quarrekt
that nliay ^rise and happen, during the said time; la
which cases process may be immediately issuedy and
proceedings ther ^ upon had, in the same manner as if
this act had never been made: Any thing herein be^
fore contained to the contrary notwithstanding.
VII, Provided always. That nothing herein con-
tained^ shall be construed^ deeuled, or takeuf to deri^
i^EBRUARY tr45~tdth GEORGE it ggg
gate from, alter or infringe the royal power and pre-
rogative of bi9 majesty, his heirs and successors, of
granting to any person or persons^ body corporate or
politic, the privilege of holding fairs or markets^ in
such manner as- he or they, by his or their royal let*
ters patent, or by his or their instructions, to the go-
vernor dr commander in chief of this dominion, for the
time being shall think fit
CHAR XXVI.
^ Act, for rauing a Public Levy; and other pufposes
therein mentioned^
h Y>E it enactedf by the Lieutenant-Governar, Coun-Tucesf^r'
JJ CU9 and Burgesses^ of this present Chneral •/}«- 1745.
. ^^mfr/y, and it is hereby enacted by the authority of the
ianUf That five pounds of tobacco be paid, by eve-
ry tithabie person within this dominion, for the de-
fraying and payment of the public charge of the conn-
try, being the public levy, from the fouitli day of Sep-
fember, one thousand seven hundred and forty four,
to the twentieth day of Februarv, one thousand seven
liandred and forty five; and that it be paid by the
collector of the several counties, to the several persons
knd counties respectively, to Whom it is proportioned
by this General. Assembly: And if it shall happen
that there shall be more tithables in any county than
ihe present levy is laid on, then such county shall have
credit for so much, to the use of the county; and if
fewer tithables in any county, then such county shall
bear the loss.
II. Proroided always. That where any allowance id
inade in the book of proportions to any county, to be
£aid in the same county, no more per poll shall be col-
)cted from the tithables of such county, than will dis-
charge the baliance^ after such allowance shall be de- «
dact^; and that every county court shall regulate the
levy accordingly.
III. Md be it further enacted, by ihe authority afore^
saidf That the sheriff of every county shall, at the
time of giving bond for the due collection and payment
of the next county levy, also give bond and security«i
for the due collection and |>ayment of the public levy,
how laid and assessed.
8if> iiAWS OP ViROINIAi
rv. And whereas there Ls a ballance of eight ttosj
sand two hundred stitd ei^ht pounds of tobacco^ due ta
. the public, which was levied on tW c<'iinti^ of Eliza^
beth'City, Hanovcf, and Louisa^ as appears by the
book of ptofportions:
V. Be it further enacted, by the authority aforesaU,
That the sheriff of each of the said counties of JSIiza-
beth-City, Hanover/ and Louisa^ shall seltthe respec-
tive sums of tobacco levied in hi^ county y' as a ^posi*
tum^ for the use of tlie public, to the highest bidder, at
the c6urt of each county respectively, in the month
of June next after receipt of the ^ame; and pay the
money arising from such sale,- to the treasurer of Vir-
ginia, to be. by him accounted for to the next seasioa
of Assembly*
CHAP. XXVII.
«l/i ^ctf to vest eighty seven acres of land, appropria-
ted for a glebe in the parish oj Hungars, in the
connty of Mjrthampton, in tmstees, to be sold; mi
for other purposes therein mentioned.
Glebe lauds L '^^tTTUERBAS atract or parcel of land^containif^
^" *?""?■" TV sixteen hundred acres, or thereabouts, lying
county rf ^^"d being in the parish of Hungars, in the county^
Northwnp- Northampton, was given and devised by one Chariton,
toil, vested for the use of the minister or incumbent of the saM
Sbefld^ ]>arish, for the time being, besides which, the vestiy
of the said parish had appropriated eighty seven acre^
of land for a glebe to that parish; and the said tract
of sixteen hundred acres of land, so as aforesaid given
by the said Charlton, being a sufficient provision (br
the incumbent of the said parish, for the time being,
especially if some slaves were annexed to the same:
And the said eighty sevjn acres of land being of littfc
or no value to the incumbent, it would be more for hb
benefit, if the same might be sold, and the purchase-
money applyed to the buying of slaves, to be annexed
to the said donation of sixteen hundeed acres of faMd:
II. Be it therefore enacted, by the Lieutenant Oorcet"
nor, Council, and Burgesses, of this present General A-
senMy, and it is herSy enacted by the authority of the
~* > ■ > ^'X " * t'^mm^^mmmmmmmmtmmm9^tmm,mtm^
FEBRUARY 1745~l9th GEORGE II. ^91
'^'■
^}^
ir
samis That the said eighty seven acres of land^ with
the appurtenances^ be, and are hereby ¥«sted in Mat-
thew Uarmansony Littleton £yre» and John Kendalii
gentlemen, of the said parish of Hungars, in thecoun«
ty of Northampton, in trust: That they, or any two
of them» shall sell, and, by deeds of bargain and sale,
convey, for the best price that can be got for tbe same,
the said eighty seven acres of land, with the appurte-
nances, by such description as they shall think fit and
necessary, to any person or persons who shall be wiU
ling to purchase the same, to hold to such purchaser
or purchasers, in fee simple^ and When the same shall
be sold and conveyed, the said trustees shall account
with the vestry of the said parish of Hungars, vfbo
shall receive the purchase-money, in trust, for the ap-
plying the same in the purchase of slaves, tliree of
which to be young females, to bo annexed to the said
sixteen hundred acres of land, for the use of the
incumbent, for the time being, for ever: llVhich said
slaves, together with Uicir future increase* so as afore-
said to be annexed, shall be deemed and taken to be in
lieu and full satisfaction, of and for any glebe the ves-
try of the said parish of Hungars ought to purchase or
{irovide for the minister or incumbent thereof: Any
aw, usage, or custom, to the contrary, notwithstan-
ding.
III. And be it fwrtlur enacted, by the authority a*
foremidf That the vestry of the said parish of Hun-
gars, for the time being, shall be, and are hereby im«
Sowered and required, to build, upon the said sixteen
undred acres of land, such glebe house, and other ne-
cessary houses and conveniences, upon the same, for
the use of the minister or incumbent of the said pa-
rish, as ai*e and ought by law to be built and made
upon glebe lands: Any law, custom, or usage, to the
central^, notwithstanding.
IT. Saving to the king's most excellent miyesty, his >
beirs and successors, and to all and every other per* [
son or persons, bodies politic or corporate, their respec*
tive heirs and successors, other than the minister or
incumbent dT the said parish, for the time being ail
right, title, estate, interest, claim, and demand, as
tbey, every, or any of them should or might have bad
or claimckl, if this act had never been made, ^^
f
I:'
f.
\U-
^^2 I'AWS OF VIRGINIA-
CHAP. XXVIII.
Jin actf to enable George Eskridgef to sell part of q
tract of landt not exceeding three hundred and Jiftg
acres f to raise money for the payment of his propor^
tionable part of the debts of his Orandfatherj,
Qeovge£ak.][.\S7HEIlEAS George Eskridge, late of tbe
itdge lutho- V y county of Westmoreland* genUeman, deeea*
'''S^nUndL ®^* ^^* ^" ^^^ '"^ time, seised and possessed of divers
in w^t. tracts of land, a large number of slaves, and a conside-
morelud. rable personal estate^ and being so seised and possess-
ed, made his' last will and testament, in writing, bear-
ing date the twenty seventh day of October, one tfaoo-
sand seven hundred and thirty five, whereby, among
other specific devises and legacies, he gave and devised
unto Ills son William Eskridge, and the heirs of his bo-
dy lawfully begotten, a tract or parcel of land, lyiag
and being in the parish of Cople, in the said county m
Westmoreland, containing seven hundred acres, or
thereabouts, and also ten slaves, to be annexed to, and
go and descend with the said land, in tail; and all the
rest and residue of his estate, after the paj^ment of hii
debts, he gave to be equally divided amongst his chil-
dren then living, as in tlie said will is more folly con-*
taincd;
II. And whereas the said testator, at the time of
hk death, was considerably indebted to several persons
in Great- Eritain, and this colony, much more than the
value of his pei*sonal estate amounted to, all which haOu
beenlongsinceadministred andspentin th^piaymento^'
his said debts; and the several devisees and legatees,
have been compelled to pay lar^ sums of moneys k
proportion to the respective devises and legacies to them
given in the said will, and particularly the said Willie '•
am Eskridge, one of the devisees, did not only pay se*,
veral sums of money in part of his proportion of the ^
said debts, but also suffered some part of the slaves sq
annexed to the tract of land to him given, as aforesaidt .
to be taken in execution, and sold for payment there^
and for the payment of some other part, of the saiq
debts, the said William Eskridge took up money, upo|
interest. '
FEBRUARY 1745— 19th GEORGE IL 393
III. And whereas the said William Eskridge is
since dead, Icavin.i^ issue George Eskridge, his eldest
son, and heir at law, since whose death, the said George *
£skridge, the grandson, hath been also compelled to
pay, and engage to pay other suras of money, in part
of his proportion of the debts of the said testator; and
actions and suits are now daily brought, to subject the
remaining part of the estate of the said testator, in the
hands of his devisees, and their representatives, to the i
payment of debts due from him, tht* said George Bsk*
ridge, the grandson; his proportion of which, toge-
ther with what sums have been paid, and engage<l to
be paid, by his said father William Eskridee, and him-
self, will amount to the full value of the slaves so an-
nexed to the trstct of land, given to the said William
Eskridge, as aforesaid; wliich said slaves are liable to
|>e taken in execution for the payment thereof
IV. And whereas the said tract of land will become
of little or no value to the said George Eskridge, the
grandson, and unimprovable in case the said slaves
shall be taken in execution, and sold, for payment of
the said debts; and the said George Eskridge, the
grandson^ is willing that part of the said tract of land
should be disposed of, for payment of the said debts, Efo
that the said slaves may be reserved for the improve-
ment and cultivation of the residue of the said land^ and
go and descend with the same:
V. And whereas notice hath been published three
Sundays successively, in the several parish churches
where the said tract of land dotli lici that application
would be made, by the said Geofge Eskridge, the
grandson, to this General Assembly, for leave to sell
and dispose of tlie said tract of land, or some part there-
of, pursuant to your majesty^s instructions: There-
fore, for enabling the said George Eskridge to pay his
proportionable part of the debts of his said grandfa-
ther, and to tlie end the slaves so as .aforesaid annexed
to the said land, may be preserved to the said George
Eskridge, the grandson, and the heirs of his body, in
Lultivating the remaining part thereof;
VI. May it please your most excellent majesty, at
the humble suit of the said George Eskridge, that it '
B 3— Yol. 5.
1 1
894 I-AWS OF VIRGINIA,
may be enacted* Jnd be it enacted^ by the Ideutenaml'
Oavemor, Ckmncil, and BtirgesuSf of tkis present Gener-
* aUlssembly, and it is hereby enacted^ by the anIAorUf
of the same. That from and after the passing of this
art, it shall and may be lawful to and for the said
George Eskridge, the grandson* and in case of his death
his executors or administrators* and he and they are
hereby severally impowered, to sell, to any person or
persons who shall be willing to purchase the same* a«
ny part of the said tract of seven hundred acres of land*
not exceeding three hundred and fifty acres; and that
the said Goorge Eskridge* the grandson* or in case of
his death* his executors or administrators, shall and
may* and he and they are further impowered* to make
and execute ail deeds and conveyances* necessary is
the law, for assuring unto any purchaser or purcha-
sers, a good estate, in fee simple, in the part of the
said tract of land so to be sold: And such purdiaser
and purchasers* by virtue of such deeds and conveyan-
ces, shalU fr>r ever after* peaceably and quietly hoU
and enjoy the said lands so respectively by then piir>
chased* to them* and their heirs* for ever; and ^
money paid by such purchaser or purchasers* shall be
applied towards the payment and discharge of the sidd
Goorge Eskridge* the grandson, his proportionable
part of the debts of the said testator* and reimbarsiaf
him what money hath already been advanced by hifl»
• or his said father William Eskridge^
y IL And be it further enactedf That the remamng
part of the said slaves unsold, together with all their
future inrrease, shall continue annexed to* and go and
descend with the residue of the said tract of land* ia
fee tail* according to the limitations in the will of the
said testator.
VIIL Saving to the king's most excellent majesty*
and unto all and every other person or persons* bodies
politic or corporate* their heirs and successors, other
than the persons claiming under the last will and testa-
ment of the said George Eskridge, deceased* their
heirs, executors, administrators, and assigns* all such
right, title, interest* claim, and demand whatsoever*
of, in, and to any part of the said land herein before
descri bed , as they, or any of them had, should* or might
have had^ if this act had never been made.
FEBRUARY 1745— l90i GEORGE a 395
IXb Praroided always^ Tliat the eiecution of tliis '
act shall be auspendedy luitil his majc9tjr*s approbation
thereof shall be obtained.
CHAP, XXIX,
mill ^ctf to dock tht entail of certain lands in the connty
of QUmcesteTf late the estate of T/tanuis Todd, and
vesting the same in ti-usteeSf to be sdd^ and the mo-
ney arising tiurefrom^ to £ie laid out in slaveSf to he
^tUed tathe savne usa.
I. VJtTHEREASThomaHTodtl, late of tlie coiinty ^?**^j'^^^^^
▼ T of Gloucester, gentleman^ was. In hia life Gloucester!'^
time, seised^ in fee^ of and in divei^ lar^ tracts of of the estate
land^ and among others, of onr certain tractor parcel of Thomas
of land in the said county, sittiatc, lying and being near ^^ ^^^^'
the north river bridge^ containing »ix hundred acres^
with the appurtenances; and heing mo thereof seised^
did make his last will and testament, in writing, bear-
ing date the fourth day of March, in the year of our
lora one thousand seven liundi-ed and twenty two, and
thereby amongst other things, devised the same unto
iiis grandson* Bernard Todd, the son of Rirhard Todd^
and to the heirs male of his body lawfully to be be-
gotten; and for want of such heirs male, then to his
grandson William Todd, son of the said Richard, and
to the heirs male of his body lawfully to be begotten;
and for want of such heirs male, to the next son in
his said son Richard's right line; and for want of
such heirs male, in the right line of his said son Rich-
ard, then to the right heirs of bis son William; and for
want of such heirs male in the right line of his said son ' .
W^illiam^ then to the right heirs of his son Philip; and
for want of such heirs male in the right tine of his
said son Philip, then to his son Christopher, and to
his heirs male« lawfully to be begotten; and for want
of such heirs male of the bodies of any of hia said sons,
then to the heirs female of his said 5on<«, each of them
to inherit and take, as the heirs male of ftls said sons
would have done, had there been any; and for want of
issue of any of ins said sons, then to his right heirs, for-
g98 i^AWS OF VIRGINIA.
ever: And some time after tiie nmking the said -^
tiiesaid Thonias Todd died, so seised, after whose deathf
and the death of his said grandsons Bernard and Wil^
liam Todd, without issuer Thomas Todd, eldest son and
heir at law to William Todd^ son and devisee of Um
said Thomas Todd, the testator, entered into. the 8ti4
land^ and is thereof seised, in fee tail, by force of tiMf
remainder expressed in. the said wilL
II. And whereas the said 1 homas I'odd/ eldest floii|
and heir at iaw^ as aforesaid is also seised and posses^
sed of divers other entailed lands, by virtue of the sail
will, and not beiitg able to cultivate and improve 4lii
same, for want of Negroes: and whereas It will b$
greatly to the advantage not only of the said TIknoH
Todd, but of all other persons claiming in reversisn of
remainder undvr the last will and testament ofthe 8ai4
Thomas Todd.tbegrandfather,that the »aid six hundrdl
acres of land, with the appurtenances, should be sbM»
and the moni^ arising thereby, applied in purchasing
slaves, to be annexed to the other entailed lands, men*
tinned in the last will and testament of the said Tho-
mhs Todd, the gradfather: And forasmuch ttt notiee
has been given in the parish church wherein the siM
entailed land lies, that application Would bo madeH
this present General Assembly, to dock the entaiitf
the said six hundred acres of land;
III. May it please your most excellent majesty, i^
,the humble e^uit of the said Thomas Todd, that itiMQr
be enacted, Jtnd be it enacted by the Lieutenant^Qover*'
oTf Council, and Burgesses, of this present OenertlJk'
sembly, and by tite authority of the same. That tke
said SIX hundred acres of land, with the appurtenai*
ces, be^ and are hereby vested in George Braxton, ja-
nior, Richard Tunstal, Mordecai Throgmorton, Bet-
jamin Hubbard, and William Bird Richards, gentl^
' . men, in trust; and they or any th ree of them, shall be^
and are hereb)^ authorisi^ and enabled to sell and oen*
vey, to any person or persons willing to purchase the
saipe, and for the best price that can be got, the said
six hundred acres of land with the appurtenances, asd
to execute deeds or conveyances, necessary in the hvr
for assuring unto such purchaser or purchasers, a good
estate in fe^ simple, in the said land so to bepufcbased;
and such purchaser or purchasers sljall afterwards, for
ever peaceably and quietly have, hold, aftdenjp;^
FEBRtAfiT 174^— l»th QBORGE If; SOT
land 90 pnrcbasedy to them^ their beira and assigns^
for ever:
1V« And be it further enadedf That the moni^ .a*
miMg by such sale, shall be, by the said trustees, laid
out, as soon as conveniently may be^ in the purchase
of negro slaves^ two thirds of the slaves to be female;
ipvhich slaves so purchased, shall be forthwith placed
and settled upon the residue of the lands of the said
testator, so as aforesaid devised; and tlie said trustees
shall deliver in the names and number of such slaves
so to be placed and settled, with an account of the pur*
ebase money tliereof, into the court of the said county
of Gloucester, there to be recorded; and for ever af*
terwards, all the said slaves and their increase, shall
be annexed to the remaining entailed lands, and shall
pass in dciscent, remainder, and reversion, to such per-
son and persons,.and for such estate or estates, as the
CHOd remaining entailed lands shall or may pass and
descend, by force of the said last will and testament of
the said Thomas Todd^ the grandfather.
V. Saving to the king's mcist excellent majesty, his
heirs and^euccessors, and to all and evefy person and!
persons, bodies politic and corporate, their respective
lieirs and successors, other than the persons claiming
vnder the last will and testament of the said Thomas
Todd, the grandfather, all such right, title, estate, in-
terest claim, and demand, as they, every, or any of
tbem, shi»uld or might claim, if this Btt had never
keen made.
TL Fraxfided always9 Tbat the exec4ition of this
•ct shall be suspended, till bis msyesty's approbation
thereof shall be obtained.
CHAP< XXX.
Jn Jie^ for decking the aUaU of certain lands in the
eouniy rfOlcneesterf late the estate of John Smith,
and vesttng the same in trustees to be sold; and the
Twmef arising ihenfromf to belaid out in daroeSf to dc
setHid to the same uses.
I- lkl7HEREAS John Smith, late of the parish of «nt^oJc?-
m/m/ _ «^ tain lands m
\\
Petsworth, in the county of Grioucester, gen- Soucol^tof
^eman, deceased, was in bis life time^ sdsed, in fee
398 LAWS OF VIRGINIA,
the estate of simple, of andin divers considerable tractsof land# aii4
d^'^ked""^' among others, of and in one < ertain tract or parcel^
^ commonly called and known by the name of Cheescakey
containing, by estimation, twelve hundred and Mty a-
cres, lying and being in the said parish of Petswortli,
and county of Gloucester; }>nd being so thereof seis-
ed, by his last will and testament, in writing, bearing
date the tenth day of May, in the year of our Lord,
one thousand seven hundred and thirty five, did give
and devise the same, together with all the remainder
and residue of his estate, real and personal, not before
therein given rn* devised, unto Anne Alexander, during
her natural life, and after her decease, onto Henry
Willis, and his heirs; and in case lie should die with-
out heir, then to John Willis, his heirs or assigns^ for
ever, as by the said will, duly proved in the county
court of Ghiucester, may more at large appear, and
died so seised; after whose death, and the death of the
said Anne Alexander, the aftiresaid Henrv Willis en-
tercd into the premises, witii the ajipurtenaiices^ to
him devised, and is now thereof seised.
II. And whereas the said devised lands in the coun-
ty of Gloucester, lie very remote from the other estate
and place of abode of the said Henry Willis, so as to
be inconvenient and of little benefit to him; and for
want of a competent number of slaves thereon, tlie
same must lie without cultivation or improvement, un-
less the said twelve hundred and fifty acres of laad
may be sold, and the monies arising thereby, applied
in purchasing slaves, to be annexed to the residue «f
the lands devised to him, as aforesaid, which will be
more beneficial to those claiming in reversion or re-
mainder under the will aforesaid: And forasmuch as
due notice has been published in the church of the
said.parish, tliat a|)plicatipn would Ixrmade to this pre-
sent General Assembly, to doclc the entail of the smid
twelve hundred and fifty acres of land, called Cbees-
cake, pursuant to your majesty's instructions.
III. May it please your most excellent mf^esty, at
the humble suit of the said Henry Willie, thai it amy
be enacted, ^nd be it ena^d by the UeuteHont^Gaver'
nor, CouTidl, and Burgesses^ of this present Qeneral Jb-
f sembUif and U is hereiy enacted by thr outAwiiy of the
same, That tlie said tract or parcel of land^ with the
FEBRUARY 1745^19th GEORGE II. 39^
appurtenances, commonly called or known by the
name of Ctieescake, containing by estimattony twelve
hundred and fifty acres, and being parcel of other
lands so as aforesaid devised^ by the last will and testa-
jnent of the said John Smith, b^9 and is hereby vested
in Francis Willis, John Lewis, Beverley Whiting,
Francis Willis, junior, Samuel Buckner, and David
Alexander, gentlemen, in trust; and they» or any four
of iheni, shall be, and are hereby authorised and ena-
bled^ to sell and convey, to any person or persons wil-
ling to purchase tlie same, and for the best price that
can be got, the said twelve hundred and fifty acres f>f
land above described, either together or in parcels,
and to execute deeds or conveyances necessary in the
law, for assuring unto such purchaser or purchasers,
a good estate, in fee-simple, in the lands so to be pur-
chased; and such purchaser or purchasers shall after-
wards, for ever, peaceably and quietly have, hold, and
enjoy the land so purchased,' to them, their heirs, and
assigns, for ever.
IV. .9nd be it further enactedf That the monies ari-
sing by such sale, shall be, by the said trustees, laid
out, as soon as conveniently maybe* in the purchase of
negro slaves, which shall be forthwith placed and set-
tled upon the residue of the lands of the said testator,
so as aforesaid devised; and the said trustees shall de-
liv-er in the names and number of such slaveis so to be
placed and settled, with an account of the purchase-
money thereof, into the court of the said county of
Gloucester, there to be recorded: and for ever softer-
wards, all the said slaves, and their increase, shall be
annexed to the said last mentioned lands and premises,
and shall pass in descent, remainder, and reversion, so
long as they, or any of them, shall be living, with the
said last mentioned lands, and for ever after shall,
from time to time, vest in the person or persons clai-
ming and holding the same, under the last will and
testament of the said John Smith.
* Y. Saving to the king's most excellent majesty, his
heirs and successors, and to all and every other per-
son and persons, bodies politic or corporate, their heirs
and successors, other than the heirs of the said John
Smith, and the persons claiming under his will, all
such right, title, estate, interest, claim, and demand, as
409 I-AWS OF VraOINIA,
ihey, or mj- of theiii» should or miglit claim, if* thi»
act had never been ma^.
TL Provided fdtp^ySf That the execution oF this
act shall be suspendledy till his msyeisty's lyq^biitiQii
thereof 5e fin|t obtained* -
SUMMONED TO BE HEXB AT
The Capitol^ hi the city 0/ IPWiumsburg, on Tkursday
. the sixth day of Mmj^ in the JlficeiUh year of th§
reign of mir 8(rvei*eign lord George 11^ by ike gract
of Godf of Great Britain^ France t and Irda adf I^ing^
^ defender offhefaiilh ^'c Jindfrom theme continu*
edf by several prorogationSy to Friday Hit eU-
venth day of Jvly^ in the twentieth year of hia
said Majesty^ 8 reign^ and in the year of our Ij^dp
J746.* *Being thefo^irth Session of this ^ssanbltf*
iw.
CHAP. I-
\n actf for giving a sum of money t not exceeding four
thousand pouridSf towards defraying the expaice
ofinlistingf arming f chathing^ victuailing^ and tran-
sporting tlie Soldiers rahtd in this cohny, on an in-
tended expedition against Canada.
WHEREAS his most sacred majesty, foi- vindi- 40OW. ap-
eating tl^B honor of his crowtw and for res to- propriated
ing the peace and traiiquiUty of Europe, is engaged ^'^.'^"^^P^'
1 a just and necessary war against the French kiiig;caiadS^"*
nd with a fervent and paternal rigilancc, ever medi-
iting the advancement of his peoples happiness, and
16 confusion of our comtiion enemy, liath resolved on
n important expedition to the Northward, and I'cqui-
sd his American coionicij to second it with tfieir uni-
^d forces and abilities; and hath instructed hi' Hen- '
mant-governor of this colony, to inltst men with aJt
402 h^WS OF yiRGINU.
jposaible speed, who, with the leries made in the other
governments^ are to rendezvous at Albany, in Mew-
York, and thence proceed to act in conjunction with
tlie troops from Great-BHtain, iii the conquest of Ca-
nada: And hvs majesty hath been pleased to declare,
' that both officers and men are to enter into his pay,
from the respective days of their engaging and inltsl-
ing, knd moreover, that an allowance shall be made
for arms and rloaths; this present General Assembly,
desirous to give the utmost testimony of their loyal^
iind affection to his majesty^s person and government,
and to contribute towards such expedition, have resol-
ved to give such a sum of money as the circumstan-
ces of this colony will allow towards defraying tbe^aid
texpence arid charges, notwithstanding the present low
condition of the public treasury, and that money can-
not be raised, without borrowing the sanie on the cre-
dit of the small revenues arising by the duties upon li-
quors and slaves:
II. Be it therefore enacted^ by the lAeutenant'Oaven*
flr. Council^ and Burgesses f of this present General JS'
isemblyf and it is herdnf enacted, by the authority of At
^amef That the treasurer of this colony shall, and he
is hei*eby impowered and required, immediatdy-to bar*
row a sum of money, not exceeding four thonsaMi
pounds,'^ui< so much thereof as he shall find necessaty
and expedient, and as the nature of the service tp
which it is to be applied, requires, at an interest of five
per cent, and to pay the same, or so much thereof as
6hair, from time to time, be necessary, to John Robin-
Son, junior, esq. Mr. Secretary Nelson, Richard Baa*
dolph, William Beverley, Beverley Whiting, Benga-
min Waller, Carter Burwell, Edward Digges, iwd
John Harmer, gentlemen, to be by them, or any five d
them, applied towards defraying the expenct and
charge of inlistlng, arming, cloathing, victualling* an4
transp6rting the soldiers so as aforesaid to be rataed
in this colony, for his majesty's service, as herein he-
fore mentioned.
III4 And Urhereas the soldiers so to be raised, camMk
be timely supplied witli arms in any other manaer,
Aan out of the public magazine: Bt it farther enaekif
by the awthority (foresaid, That it shall and may be
lavvftil'to and for the said John Robinson, esq. Mr.
Secretary Nelson^ Richard Randolph, William Beverr
JULY 1746— SOth GEORGE lU 403
ley, Beverlcjf Wliiting, Beujiiaiin Waller* Carter B«i*-
well, Ed want Di,ti;ge9f and Joliii Uarmer, ^eiilkmen,
or Hn> five of tlicrn, hi rausti the auldiers to be furnisli-
eit with armst well fittcii^ oMt oftlic armn belongings to
this colony t t»<iw in the jiublit^ magazine, upon obtsiiii-
iti^ a warrant or vvarnmtH nnder the hand of tlic lieu-
tc^natit'gnvernor, or cunmiander in chief, lor the time
beitij^; Rnd to deduct the ro^t<i and cbarj^es of such
arms so to he furnJBbrd, togetlit^r with the PX|»encc of
reHtting them, out of th» money heivinbofort* given
and grap^tedj and tfuit the said Jolin Kohin^on^ esq^
Mr, Secivtai y Nelsoui Richard liiuldolph,^ William
Beverley, Bs veHey VVIiitin,:?, Benjaniin Waller, Car-
ter BurweJl, Edward Dt/;^!i, and John HjirniiT* gen-
tleinen, da account to the next Gijiieral Assembly for
all monies ho by them to he received and applied^ bj
virtue id thix^ act«
lY. And for encouraging persons to lend money up-
on this orrruiion, Be if f nether enacted f hy the nutlmri--
ty afarE^aiiU That the revenues or duties arising hy
the im|K>rtation of lirjuors and slavefi, shall and are
hcrt'by declared to stand, be# and rt^main as a security^
for the payment of the money so to be borrowed by
the treasurer as aftnrsHid; and the said treasurer Is
liercby requti-ed to repiiy the money sotn be borrowed,
with interest, out of the fnst public monies tliat shall
come to his hands, either by receipt of the duties afore-^
said, or otherwise- .,
V. JInd ht it furlhtr enacted^ bif the authority aftre'^
sairf, That if any person, after lie shall he inlisted in his ,
mM^^iesty*s sen ire, sh^d) be found wandering or other-
wise aUsimting himseUV it shall and may be lawful to
and for any pi*rson or penwns whatsoever^ and they
arc hereby required, t*> carry him before the next juS'
tice of the peace for ihe county where he shall be ap-
prehendedf who hath hereby power tci examine suck
person; and if by his confession?, or the testimony of
one or more witnesses, upon oath, or by the knowledge
of sucIl justice, it shall appear, or be found, that such
person is a listed soldit r, and ought to be with the com-
pany to which he belongSi sudi Justice, by warrant un-
der has hand, shall forthwith cause him to be convey-
ed to the public goal of this colony^ to be delivered
iQ his commanding officer, ,
404 ^ i-AWS OF VIRGINIA,
IV. ^nd be it fur titer enacted^ by tiie authoritfO^
faresaidf That if any person »liaU iiarboury conceal, or
assist any deserter, or buy or receive any cloaths or
amis From any persons inlistcd in his majesty's service^
lie or she so o^nding, shall forfeit, for every offenoet
the sum of five pounds; to be recovered,, by action of
\ debt, or information, before any court of record within
this colony; One moiety of the said penalty to be paid
to the informer^ by wifose means sucli deserter shall
be apprehended, or the cloatlis or arms so bought or
received, shall be discovered; and the otiicr tnoicly to
be paid to the officer to wlvom such deserter or soldier
did belong.
VII. Jind be it further enacfed^ by the authority a-
foresaid, That it shall not be lawful for any person or
persons whatsoever, to trust or give credit to any sol-
dier, inlisted to serve on the said intended expedition,
after he shall be so inlifited; and if any person or per-
sons so trusting or giving credit, shall bring any war-
rant, petition, or suit, for any monies, goods, wares,
merchandizes, liquors, or other commodities wbatsoe-
Yer, advanced, lent, sold, accommodated, or delivered
to such soldier, afler hisinlisting, such warrai^ peti-
tion, or suit shall be dismissed, wiUi double costs; and
that all judgments, bonds, notes, contracts, promises^
or other securities whatsoever, given or entered into
by such inlistcd soldier, for any debt, duty, or demand^
contracted after he shall be inlisted, shall be void.
VIII. ^nd be it further eTiacted, by the authority a-
foresaids That no master of a sirip, sloop, or other ves-
sel, shall incur any penalty or forfeiture, for carrying
and transporting any of the persons so inlisted, as a-
foresaid, to any place his majesty shall think fit to or-
der, direct and appoint: Any thing in any other act
or acts of Assembly to the contrary thereof, notwith-
standing.
CHAP. II.
Jbi Actf for paying the Burgesses wages in money, fir
this present session of Jissembiy*
Z^}^J^ I- "^TSTHERE AS, by one act of Assembly, made hi
Sir, ?V the Uiird and fourth years of the reign of
Ifur^sses
pud
JULY 1746— 20th GKDRGE IL 405
his pi*c.sent majesty, intituled, An act^ for the better
regulating the payment of the burgesses wages» it was
amongst other things enacted, that when any session
of Assembly shdulil be thereafter held, and upon exa-
mination of the treasurer's accounts, it should appear^
that there are monies sufficient, in his hands, to dis-
charge all the money debts, together with the bur-
gesses wages, and the salaries and allowances to the
respective officers of the General Assembly, leaving
and reserving in the hands of the treasurer, over and
above the said pay/ncnt, a ballance of one thousand five
hundred pounds at the least; then every burgess elec-
ted, and serving, for any county or corporation, within
this dominion^ should be paid, out of the said public
money, the sum often sliillings, for each day he should
serve in the house of burgesses, with such further
allowances, and under such restrictions^ and regulati*
ons, as in the said act is at large directed: And where-
asy by reason of the large sum of money given and
granted by this present General Assembly, for cai'ry-
ing on an intended expedition to the noi*thward against
Canada, the wages of the burgesses fur this present
session cannot be discliarged in money, according to
the letter of the said act: And forasmuch as the pay-
ment of the burgesses wages, in money, for tliis pre-
sent session, will be a great case to the poorer sort
of people, by lessening the levy by the poll:
II. Be it enacted by the Licntenant-Oiyverrwrf Ckmn-
C1I9 and Burgesses f of this present General Jtssembly, and
it is hereby- enacted by the autlunity of the same^ That the
burgesses wages, for this present session of Assembly^
shall be paid by the treasurer, on tlie thii'ti^th day of
April next ensuing, out of the public money then in
his hands, according to the directions and regulations
in the said recited act mentioned. Any thing in the
said act, to the contrary thereof, in any wise,.notwith«
jgtanding.
Wm. Gooeh> xT A
caq. GoYcr-
nor. ,
SUMMONED TO BE HELD , AT
1V52. J ^"^ Capit6lf in the City of WUliamaburg, on Thursday
the sixth day of May fin the fifteenth year <^ the reign
of our Sovereign Lord George II. by the grace of
God, vf Great Britain, France, and Ireland, King,
Defender of the Faith, ^c. And from thence continn-
ed, by several Prorogations, to the thirtieth day of
March, in the twentieth year of his said Majesty's
Meign, and in the Fear of our Lord, 1747r Being
the fifth session of this Assembly.
Private acts. Cbap. L An Act for reviving; and amending the actt
for allowing fairs to be kept in the Townt
of Fredericksburg and Richmond.
II. An Act to impower the Vestry of the Parish
/ of Southaniy in the county of Goochland^
to sell tlie Glebe Land in the said parish^
and to purchase a more convenient Giebr
in lieu thereof.
dh. 7 1748. ^''* •*•'* ^^^ ^^^ altering the Court days in Eli-
' ' ' zabeth City and Surry counties. Rep.
IV. An Act to enable the Sheriffs of the coon-^
Private acts. ties of Fairfax and Albemarle^ to hold
their Offices, for finishing the collection
this present year.
MARCH 1747— 20tb GEORGE II.
V. An Act for paying tlie Burgesses Wages
in Money^ fur Uiis present Scssiunof As-
sembly. ,
V '
eignedby 8ir WILLIAM GOOCH,
Btirt, Governor^
\ JOAN ROBINSON, J«n.
407
flirW.Gooch*
Bart GoTCP-
AT A
B£6UK AND HELD AT
Ttht College, in WiUiam^rg^thetweniy seventh day
of Octcber, in the twenty second year of the reign of
our soroereign lord George U. by the grace of God, of
Great Britain, France, and IreUmd, Kings Defender
0f the Faith, ^c. and in tlie year of mr Lord, 1748,*
-^ ^ . ' CHAP- L
ftom edit.
law edit. «9tt ^ct for settling the Titles and Bounds of Lands,
ir69,pa.U2] and for preventing unlawful Huntinjg and Ranging.
How & when j^ ttj e it enacted, by the Lieutenant Goroemor, Coun^
Iwids, &c. Jt* ^9 ^'"^ Burgesses, of this' present General As-
shall be ac- stmbly, and it ts lureby enacted by the authority of
knowlcdged, ^ same. That no lands, tenements, or hereditaroents,
fe<SiSeA^ within this colony shall pass, alter, or change, from
one to another, whereby an estate of inheritance in
fee simple, fee tail, general or special, or any estate
^for life or lives, or any greater or higher estate, shall
be made or take effect, in any person or persons, or
any use thereof to be made, by bargain and sale, lease
and rdease, deed of settlement to uses of feoffment, or
other instrument, unless the same be made by writing,
* indented, sealed, and recorded, in the records of tte
Vbeiei general court, or in that county court, where the
land mentioned, to be passed or granted shall li^
in manner following, that is to say: If the person or
* The acts passed at this session contained the revised laws, re-
ported by the committee appointed by the act of 1745, chap. 4-*
They were first published in the edition of 1752, and afterwards,
withvery little variation in the matter, though differently Arranged,
in the ^tion of 1769* For a history of the several revisals of oor
Jaws, oee preface to ^t. vol. Hen. 6t»t. atLar^^ pa. Vi.
OCTOBER 1748— 22nd GE6RG£ IL 409
|>ersons who shall make and seal such instrument of Wthc grantor
writing, shall be resident within this colony at tlie t'™® J^c ^corf^'
of making and sealing the same, then the recording ingiQ^s^be
thereof shall the within eight months from tlie sealing within 8
and delivery; an^ if the person or persons so making "^o**: "^
and sealing, shall be resident in any other place than ^^^^'^Ye,
within this colony^ at the time aforesaid, then the re- in two yean,
cording sball be within two years from the sealing and
delivery: But no such deed or conveyance whatsoever. Must he per-
of lands, tenements, or hereditaments, shall be admit- {^"^Vlifla
ted, to record in the general court, or in any county j^ ^^^J[^^
court, unless the same be acknowledged in such court, proved hy 3
by the grantor or grantors thereof in person, or by witnesses at
some or one of them, to be his, her^ or their proper act^^*"^
and*deedy or else that proof thereof be made, in open
court, by the oath of three witnesses at the least.
II. And, that when any such deeds or conveyances u^ery of
shall be acknowledged or proved in court, in order to seisin to be *
their being recorded, the livery of seisin thereupon *^^^
made, in such cases where the same is by law required^ ^^^ ^
shall in like manner be acknowledge<^ or proved, and
shall be recoitled together with the deed, or convey-
ance whereupon it shall be made.
III. And that all deeds, mortgages, and other set- Deeds, mort;
ilements and conveyances, for any lands, tenements, or gages, &c.
hereditaments within this dominion, bona Jlde made®*®^"^*^!^
and executed, at any time before the third day of June, 1^5, ^d/
in the year of our lord one thousand seven hundred tho' not re^
thirty five, whether the same be by deed poll, or other- ©orded.
wise, shall be good valid and binding between the par-
ties thereto, and their heirs, notwithstanding the same
have not been acknowledged, er proved and recorded.
IV. And> that all bargains, saleet, and other convey <> But all con-
ances whatsoever, of any lands, tenements, or heredit-veyances and
aments, whether they be made for passing'any estate of Jl^^'®^"^
freehold^ or inheritance^ or for term of years, and ail time made
deeds of settlement upon marriage, wherein either qt to he
landSf slaves^ money, or other personal thing, shall be made, shall
settled or covenanted, to be left or paid at the death ^^l^^^^
the party, or otherwise, and all deeds of trust, and Mihsequent
mortgages whatsoever, made and executed at any time purchasers if
after thesaid thii*d day of June,one thousand seven hun- "o* record,
dred thirty fi ve^ and before the passing of this act. nnd ^^
all such deeds and conveyances, wluch shall hereafter
D 3— Vol. 5.
410 tAWS OF VIRGINIA.
be made and executedt sliall be void, as to all crl^itefy
and subsequent purchasers, unless they have bee^^ or
shall be acknowledged, or proved and recorded, accor-
Y t binding ^'"S ^^ *^ *'*® directions of thisvact^ but the same, as
between ^e between the parties, and their heirs^ shall nevertheless
parties. be Valid and binding,
D^edbyhu-^ V, 4nd be it further ^enacUd, by the authorihf a.
band & mfejorcfiutdf 1 hat all dee4i8, and conveyances heretofore
tcknowledgr ms^de, or hereafter to be made, io writing, indented and
Sf \\ ^"th ®^'^ ^y husband and wife, and by tliem pers«mally
Siatrdr the acknowledged, in the general court, or county court*
feme, except the wife having first been examined by such court
in fee tail, privily, and apart from her husband, and giving her
free consent to the same, shall be and are hereby .de«
dared to be good and eQertual in law^ and shall be as
valid to convey and pass overall the estate, right, title,
interest, claim, and dt^mand, of such wife an^ lier heirs,
in or to the lands, tenements, or hereditaments so grain
ted or conveyed, whether the same be in right of dow*>
cr, or fee simple, or whajtsoever other estate, not being
fee tail, she may have therein, as if the same had been
done by fine and recovery, or by any other ways or
means whatsoever; and that where any feme coveit
Kelinquish- hath heretofore reiinciuished her right of»dower, in
^*^^J^^*^^" lands or tenements, and acknowledged the same hi
lore made] court, or before commissioners, and such acknowledgr
«nd recorded ment has been recorded, the same' shall be snfficieat
"•^*^^T* *"^ efiectual in laWf to convey ai^ pass over ail socli
deed^hi wri- ^S^^* altho' she has not executed and acHnowledge4
ting. any dee^l or conveyance for that purpose.
Commiisions ^'' ^"^ ^^^^ where any feme covert Cannot conve-
to receive niently ti'avel to the general court, or county court, to
the acl^now- acknowledge her deed for passing away ber estate, il
'^^^^d^ ®^ shall be lawful for the clerk of the general court, or of
ccuted by^a *"y County court, to issue a commission to two or more
feme covert. Commissioners, being justices of the peace in thecoua^
how to be is. try whei'e such feme resides, for receiving the aeknowl-
turn d"*^ ^ edgment of any deed of such feme covert, for passing
^^ her estate in any lands, tenements, of hereditament^
and such deed acknowledged bi'fore them, after they
shall have examined her priyily, and tkp^irt from bi^
husband, touching her consent and thereof certifiedy
the judges before whom such commission shall be r©
pass Sr turnable, siiall be recorded, together with the commis-
right siou and return^ and shall be as effectual as if the same
OCtOBEIt 1748— 22nd OtiOftOE tt. 4||
•
llAd been personally acknowledged in court, by such
feme covert: And. where any such deed shall have Such tc-
been heretofore acknowledged before commissioners, ^*^®^^^^^^^
and they have certified the privy examination and ac- ^^^^ ^ade
knowledgment as aforesaid, the same is liei*cby like- and certiaed
>;vise declared to be valid, and so shall be adjudged, ^»<*-
deemed, and taken,
VII. And whereas it has always been adjudged, that But her pri-
when any deed has been acknowledged by a feme co- JjJ^n ^^JIJJJ^^
vert, and no record made of her privy examination, recorded,
liuch deed is not binding upon the feme or her heirs:
Vill. IHs hereby Jnrther enacted^ and declared^ That
ttie law herein shall always be held according to the
said judgments, and shall never hereafter be question-
ed; and that the clerks of the courts befoi*e whom any
deed of a feme covert shall be acknowledged, shall al-
ways hereafter record her privy examination.
IX* And to the end persons who are inclined to lend por discov^.
money upon the security of lands, negroes, ahd other ly c' prior
estate, or to become purchasers thereof, may moi*e ea con\«y*»-
€rily^ discover whether the lands, slaves, or other things ^^
offered to be sold, or mortgaged, be free from prior
incumbrances;
X. Be it further enacted^ by the authority aforesaid^ ^ juemoriii
That a memorial of all bargains, sales, mortgages, of all deeds
and otiier conveyances, marriage settlements, and and pettle-
deeds of trust, whereby any estate, real or personal,^of^^J*^^"J^
arty person or persons whatsoever, within this colony, ^^ personal,
may be effected, charged, or incumbred, shall be re- shaN be kept
gistred in the secretary's office, in books kept foi* that»"^^ 1k^^
purpose: Which memorial, shall contain the date of^*y *®™^'
the deed, or conveyance,^ the names, sirnames, and ad-
ditions of the parties thereto, the consideration menti-
oned therein, the quantity of land conveyed, settled, or
mortgaged, and where the same lies, and the number
andnames of the slaves, and descripti<m of the person-
al estate, if any be Sold, settled, or mortgaged; and
the clerks of all and every the county courts, within^^ tvcouft
this dominion, are hereby required, twice in every cIctIw to rc-
year, that is to say, in the months of April and Octo- turn such
ber, to tran5miitto the secretary's oflfce^ memorials, of™e"'^'*«J»>
all such deeds, settlements, mortgages, or other con- ^^'7^*^y
reyances, as shall have been acknowledged, or proved
and recorded in their respective courts, the preceding
half year; and of all liuch of the said deeds as shall be
41» LAWS OP VIRGINIA*
' recorded in*the General Courts the clerk of the secret
tary's office shall enter memorials in the register to be
kept by bim for that purpose.
XL And whereas in times past several persons pur-
chasing lands in this colony^ have had their de.eds and
conveyances for the same acknowledged and recorded,
blit not within the time by the laws then in force re^
quired, and some persons have pt*ocqred theii* deeds
and conveyances, to be i*ecorded in the courts of other
counties than where the lands lie, andregistred in the
council books, and others have taken their deeds and
conveyances, not indented nor pealed, or without any
valuable consideration therein set down or expressed,
and some have taken assignments of lands, only endor*
sed on the patents, and others have purchased lands
and taken deeds for the same, which by the death of
the grantor, or some other accident, have not been ac*
knowledged in court, according to the strict letter of
the law in that case heretofore made, but yet have been
proved in court by the oath of two or more witnesses^
and rccoi*ded, and othera have purchased lands, andia*
ken deeds and conveyances for the same, but without
livery of seisin made thereupon in due form of law; by
whiih several omissions and inadvertencies, many con-
troversics might arise among his majesty^s good sob*
jects here, for prevention whereof,
Deeds for XIL Be it further enacted, by tlie authority afofraaidf
in^ execu-rjijjj^l ^jj j^^jg ^^^^ conveyances whatsoever, for any
j^e 3,*l735'»"^s wiAin this colony, heretofore acknowledged, and
confirmed to recorded, at any time before the third day c^ June, \m
the parties the year of our Lord, one thousand seven hundred
2tS^"^" thirty five, or registred in the council books, or re-
regula^ corded in any other county than where the lands lie^
proved or re- shall be adjudged, deemed, and taken, and are hereby
cprded. declared to be, to all intents and purposes, valid, and
available in law, and shall enure and take effect, as
fully and absolutely to the benefit and advantage of all
persons in possession of any lands claimed thereby,
, and to their heirs and assigns, as if the same deeds had
been legally recorded; and all deeds and conveyances
for land, bonajide made and executed, before the ssud
third day of June, altho^ not indented or sealed, or
without any valuable consideration therein expre^ed»
and all assignments endorsed on patents, shall be ad-
judged, deemed, and taken, and are hereby declared t»
OCTOBER ir4e-^d2itd GE0H6E IL 41&
be good and valid in law, and shall enare and take eC*-
feet as fully and absolutely, to the benefit and advan-
tage oV all and every person and persons in possession
of any lands claimed ttiereby, to his and their own pro-
per use and behoof, and to bis and their heirs and as-
signs, as if the same deeds and conveyances had been
actually indented and sealed, and as if a valuable con-
sideration had been therein particularly expi*essed, and
as if such assignments had been made, and the land»
therein mentioned conveyed in due form of law; and
all deeds and conveyances for land, bona fidt made
and executed as aforesaid, and proved in court, by two
or more credible witnesses, to have been the acts and
deeds of the grantors tliereof, and a record made of
such proof, shall be and are hereby declared to be good
and available in law, and shall eniure and take effect as
fully and absolutely, to the benefit and advantage of
the person and persons in possession of any lands clai-
med thereby, to his and their own proper use and be-
hoof, and to his and their heirs and assigns, as if the
aame deeds and conveyances had been personally ac-
knowledged in court by the grantors thei'eof, and all
deeds and conveyances for any lands, tenements, or he-
reditaments, within this colony, bona fide made and ex-
ecuted as aforesaid, and where livery of seisin might
be requirable, if the party or parties to whom tb«
same have been so conveyed, have actually entered
thereiipon, and they, or those who have their rights,
do still continue in possession thereof, by virtue of such
deeds and conveyances, the same shall be and are here-
by declai*ed to be firm and valid in law, and shall enure
and take effect, as fully and absolutely to the bepefit
and advantage of all and every person and persons in
possession of any lands claimed thereby, as if livery
of seisin had been made in due form of law, and not o-
therwise: Any law, statute, or custom, in any of the
cases aforesaid, to the contrary thereof, in any wise
notwithstanding.
XIII. ProrovUd always^ That nothing herein con*
tained shall extend or be construed so as to confirm any ''^''**
lands, tenements, or hereditaments whatsoever, to any
other person or persons than those who have been, or
aow are, in actual possession thereof, and those who
claim, or at any time hereafter shall claim, by, from
•r under them.
414 LA^SOt VimGNlA*
No estate* XlV. Jtnd be it further enacted, by]the authority rf-»
dikwible ** fi^^^^^9 "*'*»** '^ »h*" ""^ *^® \2iVfM for any person oi'
except o5y Persons whatsoever, at any time to levy any fine, or to
by act of Asi suffer any recovery to be hadf whereby to cut off or
iembly. defeat any^ estate in fee tail, general or special, of or
in any lands, tenements, nr hereditaments, within this
colony^ neither shall any such estate tail be cut off, oi*
defeated, by any ways or means whatsoever, except
only by act of the Greneral Assembly of this dominion^
for the time being, in such partirular case rospectivej
. ly to be had and made: And all and every fine and
fines, recovery and recoveries, and every other act
Und actS4 thing and things, whatsoever, which shall
be levied^ made, suffered, done, performed, or execu-
ted, for and towards the cutting off, or defeating any
estate tail whatsoever, except such as shall he found
under the value herein after limited, otherwise than
by act of Assembly as aforesaid, shall be adjudged,
deemed, and taken, and are hereby declared to be null
and void, to all intents and purposes.
XV. But forasmuch as many poor people are seised
' in fee tail of small and inconsiderable parcels of land^
often ignorantly or undesi.^nedly by their ancestoi's de-
vised in tail, and the docking such intails by easier me-
thods will be a great relief to such persons, and their
families, who otherwise must be confined to labour
.upon such small parcels of lands, when by selling them
they might be enabled to purchase slaves, and other
lands more improveable;
XV I. Be it therefore further enacted^ by the auUiori^
Sidi Mtete *y aforesaidf That it shall and may be lawful to and
shall not ex- ror any person or persons, seised in fee-tail generator
ceedthe va- special, of or in any lands, tenements, or heredita-
luc of 2001, ments, within this colony and dominion, notexceeding
anTin toil^"* tho value of two hundred pounds sterling, and not bc-
mayhavea ing parcel of, or contiguous to other intailed lands (A
writ of ad the same party, to sue out from the secretary's office a
quod dam- ^j,|^ ^^ ^j^^ nature of an ad quod damnum^ to the sheriff
of the county wheresuc h intailed lands lie,i ommanding
him to enquire, by the oath of good and lawful men of
his county, of the value of such lands, and whether
they be parcel of or contiguous to other intailed lands>
as aforesaid; and the better to enable the jury td
judge of the value of such lands, the surveyor of the
county shall^ in their presence, survey the bounds an(^
OCTOBER ir48— g£nd GEORGE II. 415
give the jury an account of the numbor of acres con-^e^od of
tallied in the said survey, and whei-c the tenant in P**''" retmrntnlth'
session shall not, at the time of the survey, have issue ^"**"**^^
capable of inheriting the said lands, and there be a re- Heir m rci»
mainder limited over, the])erS(in next in remainder, itmwn^rmay
of age, shall have notice of such survey, and if under gJJ^^t
age, the guardian, or next friend, that he may attend
and see that the valuation is fairly made: And such
sheriif shall return his inquisition to the said office:
And if the said lands sha)l be found not to exceed the Andthe%
value afoi-esaid, and to be a separate parcel, as afore- such estate
said, then a deed of bargain and sale, reciting the ti- ^^y *>e8old
tie, and such inquisition, wherein a valuable conside-J.^^^^J^
ration shall be expressed, and bonajide paid, acknow- simple,
ledged, or proved by three witnesses, before the Gene-
ral Court, within eight months after the date thereof,
and recorded, shall be sufficient in law to pass the fee
simple estate of such lands to the purchaser or pur-
cha84>r8 thereof; and the issue in tail of the vendor,
and all other persons in remainder, or reversion, shall ^^j'i"'**^
be barred, in the same manner as the same estate ^*^^^®'[jj[^
might be barred, by fine and recovery, according to red.
the laws of England.
XVlt. And that where any such deeds have been Confirmation
heretofore made and acknowledged, or proved in the®*" ^^^^^^'j*'
General Court, according to ttie direction, true intent JJ^tXrc
and meaning of the laws then in force, the same made,
shall be sufficient in law to pass the fee simple estate
of the lands thereby conveyed to the purchaser or
purchasers, and to barr the intail thereof, in the same
manner as if such laws had not been repealed or alter-
ed; and where such deeds have been acknowledged,
or proved in the county court, and afterwards record-
ed in the General Court, the same shall be as gcHMl and
available in law to pass the fee simple estate of the Butallsudi
lands therein mentioned, as if the acknowledgment or**5^^^^^-
proof had been made in the General Ci»ui-t: But n^^^^l^^^^^
such deed of bargain and sale, hereafter to be madecd,orprov?'
or executed, shall be admitted to record, unless the ed, and re-
same be acknowledged or proved before the Cxeneral ^J^^^^ *°
C4>urt, in the manner and within »he time by this actcounT"
required. And for the better avoiding of suits,
^XVIII. Be it further enacted, by the autharity afore- Limititiou
said, That all writs of formedon in descender, rctnain- ^^^^^o**
dcr, or reverter, of any lands^ tenements^ or hcredi-'^**'
\^
416 tAWS OF VIRGmiA,
ments whatsoeverf hereafter to be brought upon any
title or cause heretofoi'e accrued, or which may here*
after fall or accrue, shall be sued out within twenty
' yea]*s next after such title or cause of action accrued,
and not afterwards; and that no person or persons wito
now hath, or have, or hereafter may have, anv right
or title of entry into any lands, tenements, or heredi-
taments, shall make any entry but within twenty yeara
next after such right or title accrued, and such per-
son shall be barred from any entry afterwards,
teccp^on. XIX. Provided neverthelesSf That if any person or
persons intituled to such writ or writs, or to such
right or title of entry as aforesaid, shall be or were
under the age of one and twenty years, fome-covert,
non compos mentiSf imprisoned, or not within this co-
lony, at the time of such right or title accrued, or co-
ming to them, every such person and his or her heirs
shall and may, notwithstanding the said twenty years
are or shall be expired, briiig and maintain his action,
: or make his entry, within ten years next after such
disabilities removed^ or the death of the person so
disabled^ and not afterwards,
jj^^^ j^ XX. Jind be it further enacted, by the authority a-
writs of foresaidf That in all writs of right, and other action^
«ight possessory, any person may maintain a writ of right
upon the possession or seisin of his ancestor, or prede-
cessor, within fifty years, or any other possessory ac-
tion upon the posses^icm or seisin of his or her ances-
tor, or predecessor, within forty years, next before tho
teste of the writ: But no person shall maintain a real
action upon his own possession or seisin but within
thirty years next before the tivite of the writ.
And DTocess XXI. And tliat the process in all real actions shall
in rrdao. be the Same as is used, and have the same effect as in
^^ England, except that the i*eturn8 shall be according
to the laws of this colony, but that all essoins, viewst
and vouch' rs be, and are hereby taken away; and a^
ter one imparlance, unless the tenant shall plead non*.
«nure^ joint-tenancy, or several tenancy, in abator
ment, and then after such plea shall be overruled, he
shall put himself upon the grand assize, and the mise
shall be joined upon the mere riglit, and be tried at
the next court by sixteen jurors, to be summoned tri-
ed and sworn as in all oth^r actions; a'ld to remove
all delays wd groundless pretences, in saving the deip
OCTOBEH lf46— SSrid GEORGE 11. 417
fault of the tenant, net excu&e shall be admitted but
non suminonS) and such excuse being allawtMl, he tnsiy
imparle, and at the next court shall either plead in
abatement, or put himself upon the grand assize, as
aforesaid*
XXIL And forasmuch as the rights and titles to
lands within this cohmy originuHy de|>ended u]iont or
are derived from patents granted for the same, ti> pre-
vent all conti*oversjes concerning the validity of such
patents^ as have been furmeily issued, but are not
found among the records in tlie seci<etary^s offlcp, nr
not recorded, or for whit h no rights have been obtain-
ed in the manner prescribed by law,
^H\l\^'J^^r^^^'Z '''''''^i' ^I ^^^ ^^tlwTiti} afore- confim^tiPi.
satdff 1 hat all patentn Utv any lands withtn this cohmy ^ of patents
granted before the first day of June, in the year of our granted be*
lord one thousand seven hundred and ten, by the go- ^i?^ ^^^^ *'
vcrnor or commander in chief of this dominion, for
the time being, shall be held, deemed and taken^ and
are hereby declared to be* to all intents constructions
and purposes, as firm valid and available inlaw, to
convey and assure tiie lands therein granted to such
person and persons respectively, as the same shall
have been granted unto, and to their heirs and assigns
forever, as if such patents had been duly recorded,
and as if the rights had been paM for the same.
XXIV. And that when any patent for land shall bep^^^i^^g^j^l^p
passed, the secretary of this dominion, fur the time recorded.'
being, shall cause the same to be recorded in his
office.
XXV. And whereas by a proviso in every patent for \
land the patentee is obliged, witliin three years next
after the date of bis patent, to seat plant and culti-
vate the lands so to him granted: For the better ex-
planation thereof,
XXVI. Be it further enacted^ by the authority a- Surplus Und
faresaidf That if upon any new survey of lands before shall be i^jwi;
granted to any persouta greaterquantity of land shall pj^^e^^teel^ ^j.
be found within the bounds expressed in the patent, ^ii asufoi.
than therein is mentioned and set down, it shall be
lawful for the proprietor and possessor of such land,
for the time being, to sue forth a new 'patent for the
same lands, wherein the jtist quantity of land shall
be more exactly expressed, yet nevertheless such per-
E 3— Vol, 5,
418 LAWSOFVIRGIMIA,
But no new son shall not be obliged to any new seatiDg, planting^
seating re- qj. cultivation, notwithstanding such proviso in his new
^^^^^- patent. -
Double pa- XXVIL And that where any person hatb hereto-
tcntscorfir- fore taken up any ti^act or parcel of land, adjoining to
new seatirjp ^^**®*' lands* in his or her possession* and shall have
ew sea "fe- ^j^|^j^ju^.j a patent for the same, commonly called a
double patent, wherein both tracts arejoined, in such
case all such patents shall be and are hereby declared
to be good and available in law, to confirm the same
to such patentee* and those claiming under him or her,
being in possession thei*cof* and to his and her heirs
. for ever, without any new seating or planting, notwith-
standing the proviso afoi*esaid.
Improve- XXVllI. And that if any person who now is or
Slrt^rt^t hereafter shall be possessed of any tract of land which
extend tothe ought to be seated* planted, cultivated* and improved,
whole. according to the directions of this -act, shall be desi-
rous tf> take up one or more tracts of land, adjoining*
and shall include all the said tracts in one patent, such
lands shall be accounted as one entire tract* and any
improvements which shall thereafter be made, accor-
ding to the directions of this act, on any part of the
said tracts* shall be held, deemed* and taken, to extend
'towards saving of the whole* in proportion to such im-
provements made thereon.
Patenteefail- XXIX. And that where any person heretofore hath,
ing to pay, or hereafter shall obtain a patent, for any lands within
^c, or topay ^|g colony* and shall fail to seat and plant* or cultivate
as by^hUact ^^^ improve the same, or to pay the quit-rents there-
required, lo- of, according to the proviso and condition of his pa-
ses his land, tent, and the particular directions of this act, every
imd rights ^yj.|j patentee shall not only lose the land so to him or
her granted, but shall also lose all benefit of the rights
upon which he or she obtained such patent
Lands shall XXX. ^nd be it Jurther enadedf by the authjority
not be lapsed o/bre^aul. That no patent shall be granted to any
'flf^ ^tJl^dSe P^**^" ^^ persons for any tract or parcel of land, as
^^e*^tent '^^ »"^ forfeited for want of seating and planting* or
or'UUSyearsfor non payment of the quit rents, until three years
quit-rents shall be eXpired* from and after the date of the patent
^ "Tf^* ^ granted for the same* or unless there shall be three
Nor without ** •4. * • -XL I !■ 1. X 1.
judgment of J^ars quit-rents \n arrear* neither shall any patent be
the General granted by reason of such forfeiture* until judgment
Court. niid certificate thereof obtained from the Ueneral
I
OCTOBER 1748— fSnil GEORGE IL 419
Court, in manner following, tliat is to say: This party Methoi! of
desiring Biicli ^^rniit of niHVHid rand^, ^liall fust F- f^^^^'^^'^sl^^
titioir the pjvt nior, or romiiiatn!ei' in thuT af tliiN i^nd.
dominion 4 f^r tlie time bring, and in his petition nUuW
set forth ^ in \s Imt county tfte land lie^, Ut whom it wa<»
formerly granted, and in whone prts^ei^^ion it then is,
foi^ what cau.se the same is becf»nie forftMted, and in
what county the grantee, or person in jKi»se8sion, re-
sides; and Huc[i i)cti tinner sliall at tlte »aine time file
a copy of his jietitiim in the se^retJiry's otUce* and
thereupon tlie [ lerk oftlie said office shaH i^suca writ,
to the sfurifr of tfte ronnty wherr such jt^rantee^ nr
person in poBseHsioiu resides, runimaiidin^ iiim in sum- *
Dion the said jsersfin tn appear at the next suciecding
General Court, on a ceitain day thereof, to shew cau^u StiinraotiB.T .
why the land petitioTied for, ami adjudged to he for- I
feitedy fur not seating ami pfantinCf »r for non pay- * • '
ment of qnit-i*rnts as tUe c atise sltall he, may not be
granted to thi- petitioner: Whirh writ shall be served
upon su( h grantee, or person in p4issession, by the she- Where tfc«
riff or under sheriflT of tlie county where he or she re- P^^^y rewdes
sides, wlm s!^all make due return thereof: And if such *where not
person br n*it resident within this colony, then such resident in
writ shall be strved njKin his or her attorney lawAilly tlii»coloay/
appointed; and ifnu su( fi attorney can he foundt then
a copy of suuh writ Bhall be alHxed at the door of the
court house of the county whei-c the land iios„ on five
several court days, and also in the coiirt house of the
Greneral Court* at three successive courts, and there-
after such proceeding shall be had as if such party
had been personally sumtnonrd; and where sucli writ
shall be returned, served, if the p:irty summoned^ or ^^^^'^^^ *>*
his attorney, slmtl not appear, and make sufficient ^^™'**""^
proof, that the land partitioned for, hath been seated
and planted, or that the quit-rents thereof, have been
duly paid, as the case shall inquire, tficn tlio General
Court shall adjudge such lands to be forfeited, and re-
vested in the crown, and shall cause judgment to be Jnd^eni.
entered accordingly, and certify the same to the gover-
nor, or commantler in chief of this doniimon i ^r the
time being; and also, that the pnrty prosecuting was •
the first petitioner for the said land, and hath prosecu-
ted his petition with eifect; Which certificate shall
intitle hirn to the land so adjudged and certified *to be
forfeited^ in the same manner* and subject to the same
430 LAWS OP VIRGINIA,
conditions and provisosy as lands not before patented
are subject to: And if there shall happen to be a grea-
Surplus tod. ^^ quantity of such forfeited land, than shall be gran-
ted to such petitioner, the residue thereof shall bfe
granted toliiuch person or persons as shall petition for
the same, in the manner, and subject to the conditions^
and provisos aforesaid.
Lands saved XXXL ProvidBd always. That if upon trial it shall
before i>eti. appear, that the lands so petitioned for, ha^e been
^"^®j^^'^ seated and planted, at any time before such petition
tiie')pateutee.^^'^i'^i^d» tlio' not within three years as aforesaid, the
' same shall be adjudged, and is hereby declared to bo
a sufficient seating and planting within the meaning
of this act; and that when any such petition, as afore*
^ said, shall be exhibited, tlie patentee, or party in pos-
j^^"*J^* session, shall aad may reserve to himself so much of
cd part, in the land petitioned for, as shall be proved to have been
one piece of seated and cultivated according to the directions of
^^^%. this act, and may allot the residue, which shall be
^i^fit. fo^und and adjudged to be lapsed, to the petitioner
for the same, in any part of the tract in one entire
piece.
XXXII, And to the end the lands of infants may ba
secured to them from being forfeited, for not seating
' and planting, or not paying quit-rents:
Pit>vi8iont XXXilU Be it further enacted, by the atUhoritff
for securing a^or<;«aid. That where any patentee shall depart this
^Wids of iif^ within three years of the date of his patent, with-
^^ out seating, planting, or paying quit-rents, and the
right of inheritance shall descend or come to any in-
fant, under the age of one and twenty years, in such
case, the sheriff of the county wherein such lands
shall lie, may distrain the slaves goods and chattels of
such infant, for all quit-rents due from time to tiiQe,
and if no such distress can be made, or if the lands
shall not be seatt^ and planted, yet the same shall not
be forfeited, until three years after such infant hath
attained his or her full age: But the seating and
planting such lands, and paying the quit-rents arrear
and due for the same, within the said three years, shall
be adjudged and is hereby declared to be sufficient tt
save such lands from being lapsed and forfeited.
And persons XXXIV. And that where any patentee shall die
Sfdiu^*^**' within three years as aforesaid, and the right of inhe-
■ ^^'ritance shall descend or come to any person not beii^
OCTOBER ir48T-.S2nd GEORGE II. 424'
then resident witliin this colony, such person shall
not be liable to any forfeitu^re for not seating and plan-
tingf or for non-payment of quit-rents, until the
expiration of three years after his or her right ac-
crued,
XXXV. And for preventing disputes and controver-
sies concerning lands, alledged to be lapsed for want
of seating and planting, which cannot be determined
without great difficulty, unless the matter of right be
contested within a reasonable time, but otherwise must
be of evil consequence to many people and their fami-
lies, who have been long, and yet are, in quiet and
peareable possession of their lands, but neverthelesa
may not be able to produce legal evidence of the cul-
tivations and improvements, made by their ancestors
or predecessors;
XXXYl. Be it therefore further enacted, hy the au- PetitioM fbr
tJiority aforesaid, That after the passing of this act, no hpsedlmd .
petition shall be received, or allowed, for lands sup |J^^.
posed to be lapsed, for want of cultivation and improve- JlJ^JS^^
ment, if the same be not exhibited within ten years yearn
next after the date of the patent granted for the land,
in such petition alledged to be lapsed or forfeited; and
that where no petition shall be exhibited within that
time, the patentee, an6 those claiming under him, shall
for ever afterwards be held and adjudged to have made
a sufficient seating, planting, culti vaticni, and improve-
ment, to save such land from lapsing.
XXXVII. AndVhereas several persons have sued
out and obtained patents for swamps, marshes, and
sunken grounds, adjacent to the patented highlands*
of other persons, and without their consent or pri-
vity, to the great prejudice and inconvenience of the
owners of such highlands; for remedy thereof for the
future:
XXXVIII. Be it further enacted, by the authority Rules in su-
qfbresaid. That no person whatsoever shall take up ing forth pa..
and patent any swamps, marshes, or sunken grounds, **"*• ***'
lying contiguous to the patented highlands of any o- JJJJi^^ ^kI
, ther person or persons, unle.ss the party intending to sunken
take up and patent the same, shall (ii*st, in the presence grounds.
of two or more witnesses, have given notice of such
his intention, to the proprietors for the time being then
in possession of such highland, particularly specify-
ii^ the lands intended to be taken up, and until one
422 LAWS OF VIRGINIA,
I
whole year shall be fullj expired, from and after the
time of such notice j3;iven: And if within that time,
the proprietor then in possession shall not obtain rights,
and sue forth a patent for such lands, then it shall he
lawful for the person or persons, who have given such
notice, his, hrr or their heirs and assigns, to take up
and patent the same; in which patent shall be parti-
cularly expressed, whether the lands thereby
granted ai'e swamps, marshes, or sunken grounds, and
Patents for to whose highlands they are adjdining: And all and
such, obtain- every patent and patents* for such lands, heretofore
^^^2® ^"obtained at any time, since the twenty fifth day of
1710, contra- October, in the year of our Lord, one thousand seven
17 to this act hundred and ten, or which, at any time hereafter, shall
void. be sued forth or obtained, contrary to the directioas
of this act, shall be, and is, and are hereby declai-ed
to be null and void, to all intents and purposes, as if
such patent or patents had never been obtained or graa-
Noticemay ted. And if any controversy concerning such notice,
be contro- as aforesaid, sliall arise within five years after the
y^^^*" same ought to have been given, the onus probonii
butnot^ile?.®^**" lie upon the person who ought to have given no-
tice; but where no such controversy hath arisen, or
shall arise within that time, five years possession
sh^ll be held and taken as sufficient proof that due no-
tice has been given.
Sa^nngtoin- XXXIX. Provided alwaySf That nothing in this
fimts, and act, shall be construed, or extend, to give liberty to
d^Tmjf'^' *"y person or persons to take up and patent any
CTPsri^g/"' swamps, marshrs,' or sunken grounds, lying contigu-
* ous to the highlands of any feme covert, or infant, un-
der the age of one and twenty years, or of any person
not being compon mentis^ under pretence, or by virtue of
notice being given, as aforesaid, either to such femey
infant, person non compos mentiSf or to the husbaildy
guardian, or other person then in possession thereof.
XL. And whereas, thro* the ignorance or negli-
gence of surveyors in former times, divers persons
' have held or hold, within the bounds in their patents
expressed, greater quantities of land, than are men-
tioned in their patents, or deeds, and f(ir which they
pay no quit-rents; for quieting such possessions and
« , preventing controversies:
Ses foTs^I 3LLL Be it further enacted, fty the authonty afore-
>his lands, said, That it shall not be lawful for any person to ea-
OCTOBER 1748— £2iid GEOROE IL 428
ter for any parcel of land^ held oF the crowii, for or
by reason of its being surplus land, until the party in-
tending to take up and patent the same, shall have gi-
ven notice to the person holding such lands, in the like
manner, as is herein before directed for swampsy
marshes, and sunken grounds, and until one whole
Year shall be fully expired, from and after such notice
given^ aud in case the party in possession, shall not
within the year, obtain rights, and sue forth a pa-
tent for the surplus land by him held, it shall be law-
ful for the person who gave notice, as aforesaid, to
survey, at his own charge, the whole tract within the
bounds of the patent, deed, or other conveyance^
whereby the same is, or shall be held, and thereupon
to sue forth a new patent, for all surplus land found
within the same bounds, which shall be granted to
him in the same manner, and under the like limitations
and conditions, as lands not before patented: But the
patentee or possessor may assign such surplus land,
in any part of his tract as he shall think fit, in one
entire piece.
XLII. Provided always, Tliat if upon notice given provigg:
as aforesaid, the person m possi^ssion shall within the
year survey his tract, and it be thereupon found, that
lie hath no more land than he pays qv»it rents for, the
party giving such notice shall be liable to pay all char-
ges of such survey; and moreover, for his unjust vex-
ation, shall also be liable to an action upon the case. Five per
at the suit of the party grieved; and that in all such ^^^^ wi.
new surveys, the patentee or possessor shall have an ^tion of in-
allowance, at the rate of five acres in every hundred^ ttnuientt.
for the variation of instruments.
XL! II. Provided also, That where such notice shall Wvile^^
be given to any person, being tenant in tail, or tenant ^y*^^^
by the curtesy of England, of and in any tract of curtesy,
land where surplus is alledged to be, such tenant shall^
within the year survey the same, and give an account
to the sheriflTof the county wherein such tract shall
lie, of4;he true quantity of surplus land found therein^
and thereafter pay the quit-rents becoming due for the
same; which survey, and payment of quit-rents, shall
be good and effectual to secure the surplus to such te-
nant, and those claiming in reversion or remainder^
without suing forth any new patent for the saiae, nel--
ther shall any patent be granted to any person petiti-
424 LAWS OF VIRGINIA,
Penalty if he otting for such siirplas land; but if upon notice gtTe%
^^**t{r dT" ^'^ afot*C8aid such tenant shall neglect or refuse, with-
rectiong of "* ^"^ f^^^ t**^" "^^^ ^ survej', and give account of the
this act. surplus, if any be, to the sheriff as afoi^esaid, such te-
nant .shall, for every such neglect or refusal, forfeit
and pay twenty pounds current money, one moiety to
our sovereign lord the king, his heirs and successors,
and the other moiety to the informer, to be recovered
with costs, by action of debt, or information^ in any
court of record of this dominion: And where, in case
of survey so made, it shall appear* that such tenant
holds no more land than he already pays quit-rents
for, the party giving notice shall be liable as afore-
said.
XLIV. And that every tenant in tail, or by the cur-
imdchaUeU ^^y^ ^'*^" ^^^^^ ^^^ *^ time, be liaWe for the quit-
£able for the rents of all lands by him or Iter respectively held,
i|uit.rent8. which may be levied u|H)n tlie personal estate of such
tenant, in any county of this colony, in the same man-
ner as the law directs his majesty's quit-rents to be
collected, levied and paid.
Rules inseat- XLV. And for th6 better explaining and ascertain-
ing and ssLY- ing what shall be a sufficient seating, cultivation^
ing lands, and improvement, to save lands from becoming lap«
sed or forfeited.
XL VI. It is hereby further enactedfand declared^ That
whom* sw-- ®very survey of lancTs intended to be patented, shall be
▼eys shall be made and returned by a sworn surveyor, duly commis-
inade. sioned for that purpose, and that the breadtli of every
tract so to be surveyed, shall be one third at least, in
proportion to the length thereof, except where the
courses shall be interrupted by rivers, creeks, or un-
passable mountains and swamps, or by the bounds of
other lands before taken up or patented.
XLVll. And that for every fifty acres of land,
which shall be granted in or by any patent, hereafter
to be issued, the patentee shall, within three y^^ars af-
ter the date of his patent^ clear, tend, and work three
tendiiiflf*and^^'^®* ^^ ^^^ least, and so proportionably for a greater
workii^ the or less quantity, in some part of his tract where be
land. ^ shall think best; or shall clear and drain three acres
^^**^"^ & ^^ swamp or sunken grounds or marsli, if any such be
£eM)ing ^* within the bounds of his tract; or he shall put and
ftocin. keep on his tract, within the time aforesaid, three neat
OCTOBER 174«— SSnd OEORGE II. 42s
tmttle* or six sheep or goats^ for every fifty acresy da*
ring the term of three years.
XLVIIL' And that if any patentee or proprietor . Worldn^
-shail, within three years, as aforesaid, begin to woric """^^
in digging any stone quarry, coal, or other mine, upon
his tract, and continue the same for three >ears then
next following, he shall, for every able person so em-
ployed, save one hundred acres.
XLIX. And that for every three acres well fenced ^Mt^Ks
and cleared, which shall be kept and used for a pasture, fj^^
during the term of three years^ the patentee shall save
fifty aci*e8.
L. And that where the patentee or proprietor of a- BuUcling«i
ny lands shall, within three years as aforesaid, expend P^p^^lT ^
i» A ■ • 1 •! J' fruit-trees &
any sum or sums of money, or tobacco, m building ^^^^ ^.
bouses, water-mills, or other works, or in planting provemeDtsi
trees, or quick-set hedges^ or making any other im-
provements, for every five pounds current money, or
the value thereof, so expended, he shall save fifty
acres, and so proportionably for a greater or lesser
sum.
LI. And that, for preventing controversies touching yahiation df
the value of such buildings, or other improvements, it improve-
«hall be lawful for the court of the county ^here such ^^^^
lands shall lie^ and they are hereby authorised and re-
quired, upon application to them made by the paten-
tee or proprietor, or his or her agent, to order such .
buildings and improvements, to be viewed by two or
more honest and indifferent men who shall be first
sworn before a ^justice of peace, truly to value the
same according to the best of their judgment, having
regard to such accounts of the expences as shall be to
them produced, and reasonably proved upon oath, or
otherwise: Which valuation so made, shsdl be return-
ed to the said court, and recorded in particular books
for that purpose, and shall be adjudged, deemed, and
taken to be sufficient proof of the value of such im-
provements: And in case a* petition shall be prefer*
red before such valuation made^ the General Court
may order tlie same to be done in manner aforesaid.
LII. Provided nevertheless. That in every such case p^visp.
the several kinds of buildings and improvements shall
be specially mentioned, and that before such valuation
shall be admitted to record^ the proprietor or his or
F 3— Vol. b.
4t« i'AWS OF VlftGINU,
her age nt» or attorney, shall make oath in covrt, thai
none of the said buildings, works, or improvemeiits,
have been before valaed and recorded, in order to the
saving any of the said lands.
tultiratibng LIU. ^ fte it farther enacted^ bjf the oMthorUy a^
mlnuZll Z"'"^*^' '*''**^ *" *"^ ^^^^y ^'*® cultivations and im-
made, accor- pTovements, herein . before particularly specified and
dingto this expressed, which heretofore have been, or hereafter
act, sbaH for g|jj^| j j^^ made. Upon any patented lands, within tho
knds from ^""^ ^^ ^^^^ patent respectively limited, or before pe-
lapaing. tition shall be preferred, for obtaining a grant there*
of, as lapsed* shall enure to the benefit of the person
making the same^ and shall be accounted a sufllcient
seating, planting, cultivation, and improvement, (a
aavc for ever from lapsing, so much of every tract re-
8|)ectively, in any part thereof, and in proportion ts
the extent or value of the several cultivations and im-
provements, as shall appear to have been made there-
on, in the manner by this act directed and declared:
And that no lands so saved shall, at any time afte^
wards be liable to be forfeited, for not complying with
the condition of cultivation and improvement, mention-
ed in the grants thereof; but the patentee, his heii%
and assigns, shall at all times thereafter be at libertr
to withdraw his stock, and to forbear working on sra
lands, if he or they think fit
B«undf of LIV. And for preventing controversies concerning
tends to ^^ihe hounds otliLiniSfBt it further enacted, by the authori-
cT^'fourth ^V aforesaid. That once in every four years the bounds
year, begin- of. every person's land shall be processioned, or gon»
nmg in 1751. round, and the land marks renewed, in manner foilow-
n'^itt"'^*"'^' that is to say, the court of every county, at some
xf coons, court between the first day of June, and the first d«
of September, which shall be in the year of our lort
one thousand seven hnndred and fifty one, and so be-
tween the first day of June, and the first day of 8e|i.
tember, in every fourtb year thereafter, by order of
court, shall direct the vestry of each parish wlttin
their county respectively, to divide their parishes into
so many precincts, as to them shall seem most conve-
nient for processioning every particular person^s land
in their respective parishes, and to appoint the parti-
cular times, between the last day of September and
the last day of March then tiext coming, when such
processioning shall be made in every precinct^ and alao
OCTOBER 1748_f^ml GEORQE IL 43Jf
tor appoint two or more intclltg^nt honest freeholders
of every precinct^ to see such processioninji; perform-
edt and to take and return to the vestry an account of
every persons land they shall procession, and of the
persons present at the same, and what lands in their
precincts they shall fail to processitui, and the pai-ti-
cular reasons of such failure: a copy of which order '
9haU he delivered by the clerk of every court respec-
tively* to the church wardens of every parish within
Ilia county, within fifteen days after the making there-
of; and the church wardens shall cause a vestry to be
•uramoneds to meet within one month after the receipt ^^J^J**^****
of such order, at which vestry the same shall be ex-
actly and punctually obeyed in every particular; and yettrio&
thereupon notice shall be given by tlie chorchward-
cns, at their parish church, at least three Sundays next
liefbi-e the same is to be performed, of the persons
and tiroes so appointed by the vestry, for processioning
in every several precinct, as aforesaid, and the vestry^
shall also cause the accounts returned by the freehol-
ders, as aforesaid, to be registred| in particular books
to be kept for that pur|M>8e, by the clerk of the ves-
try; and to prevent mistakes or oipissions in any such
register, the churchwardens sh^ examine the same,
in presence of the vestry, and compare tlie register
vith the original returns, at the next vestry that shali ^
be held after such return made, from time to time,
and shall certify the same under their hands in every
register so by them examined and compared: And
that no person may pretend ignorance, the vestries
are also to direct what precinct or precincts in tlieir
parish respectively every particular freeholder thereof
shall attend, and perform the processioning as afore-
said: And where fLny parish shall lie in several coun-
ties, the order of each county court shall be delivered«
as aforesaid, to the churchwardens of such parish,
and shall also be obeved by the vestry in manner be-
fore directed: And if any county court shall, at any
time hereafter, fail to make such order, as aforesaid, F?/**^^ ?^
©very justice of the peace of such county shaU forfeit ^^*JJ^ ^^^
and pay one thousand pounds of tobacco; and if any Vettiy.
▼estry shall fail to obey and execute such*order, every
member of such vestry shall forfeit and pay two hun-
dred pounds of tobacco, and every churcs warden fail- 2^*««hw«r-
\Pg in his duty by this act required, shall forfeit knd ^'
428 I-AWS OF VIRGINIA.
Clerk of the pay five hundred pounds oF tobacco; and if any conn*
^'^^'"^ ty court derk shall fail in his duty, as aforesaid, he
shall forfeit and pay one thousand pounds of tobacco:
. One moiety of which several forfeitures shall be to
recovered fit ^^^ sovereign lord the king, his heirs and successors^
appropriated for and towards the better support of this gorerment
and the contingent charges thereof, and the other
moiety to the informer; to be recovered with costs,
by action of debt or information in any court of record
Penalty on ^^^'*®'" s"^'* forfeiture shall be cognizable; and If a-
the persons ny other person, not having lawful excuse, shall fall
appointed to to perform his duty as is herein before required, every
procession, person SO failing shall forfeit and pay five hundred
Howrecove-P^""^'® of tobacco; to be recovered with costs, by the
Table. churchwarden or churchwardens of the parish where-
^ in such failure shall be, by action of debt or informa-
tion, in any county court, and applied towards purcha-
sir>g ornaments for the church of such parish.
But'ust • Provided always. That in any suit or hifor-
of absenc^*"™**"®'^ Brouglit against a justice of peace, vestryman,
or disability, or churchwarden, for any breach of this act, whwre the
may be plea> defendant 'shall give sufficient evidence to the court,
^©dinbar. ^h^i^g gy^ij suit or information shall be depending,
that he was necessarily absent, or that being present,
he offered to do his duty pursuant to this act, in such
case the suit or information, as to such defendai^t, shall
be dismissed.
Bounds pro- LVl. \Snd'be itfiirther enacted, by the authority ajart-
^'"^'rfln *^*^' That all^nd every processioning the bounds of any
never be ai. Persons land, at three several times heretofore made ac-
tered. cording to the directions of the laws then in force, or
hereafter to be' made pursuant to this present ac^
shall be held, and js hereby declared to be, sufficient to
settlesuch tiounds, so as the sieimemay never afterwards
Former pro- be altered; knd that every processioning, made in pursa-
^^rm'd. anceof the said former laws, in manner thereby pre-
^"^ scribed, shall beheld, and is hereby declared to be one
of the three times of processioning by this act held to
be sufficient.
LVII* And for preventing the inconvenience and dam
age which may arise by any peti9ons refusing to suffisr
Bules in con- their lands to b6 processipned.
trovei-sies a- LVllI. Be it further enacted, by the authority n-
^heX^&^M^^^' ITiat when any controversy shall hereafter
aoQsrefuseto happen between persons whose lands lie contiguous.
OCTOBER 1748— 2£nd GEORGE IL 42^
about their respective bounds, and the owner or own ^^'^^
«rs of such lands shall refuse to suffer the same to be p,.,,,^^^,
processioned, in such case the freeholders appointed as ed,
aforesaid, shall within ten days after such refusal, cer-
tify the same under their hands, to the churchwardens
of the parish wherein such lands shall lie, who shall
return such certificate to the court fri»m which the or-
-der for processioning issued, at their next sitting, and
such court shall thereupon order their surveyor, with a
jury, to lay out the bounds in dispute, at the charge t>f
the party against whom the right to such bounds shall
be determined, and to return such survey to the next
court after the same shall be made, which return shall
be recorded, and a copy thereof sent by the county
court clerk, within fifteen days after such return^ to the
church- wardens of the parish where the lands lie, and
shall be by them caused to be registred, in the vestry
book of their parish.
LIX. And that if such lands shall happen to lie in Where the
two or more counties, then certificate as aforesaid shall ^*»«^ *^« '^^
be returned to the court of each of tlie said counties, J^^eaJ^'*
and the court of that county in which the beginning of
such controverted bounds shall lie, shall order their
surveyor, with a jury of their county, to survey the
whole bounds in dispute, and the sheriff of each coun^
wherein the same shall lie^ to attend the surveyor, in
their respective counties; and such survey shall be
made, returned, recorded, and registred, in the man-
ner and at the charge of the party aforesaid; and that
all and every survey and surveys, so as^foresaid made
and registred, shall be held, deemed, and taken to be
a sufficient processioning of such lands, to all intents
and purposes, as if the same had been done by and
with the consent of the owner thereof.
LX. And that every justice of peace, churchwarden, Pcntltic*.
county court clerk, or other person, failing in his diitjr^
as herein before required, and not having lawful ex-
cuse shall be liable to forfeit and pay the respective
penalties herein before mentioned and laid on them, or
any of them; to be recovered in the manner and to the
ases aforesaid. Heir in re-
LXI. Provided always. That the processioning and vcwionorrc.
settlement of the bounds of lands, held by any tenant ^^^J(J|*^
for life only, sball not bar or conclude the heir in re- yem after
480 I'^^fl OP VIRGINIA*
the death of versiovy or reiDftindert but such beir may at any ttoM^
twiant foF within aix years after the death of sucli tenant, con-
Ten the trovert tlie bounds, as if no processioning or seitleineiit
bounds. had bef^n made.
Andaboper- LXll^ And tb^t the proce8rfonin|^& settling the boundf
Icffal^lusSa-^^ lands belonging to any person then being within the
kies. Age of one and twenty jears, Cine covert, non compoi
mentiSf imprieoned, or not resident within this colony.
9hail not be conclusive to such person or personst untu
six years after their respective incapacities or disabii*
. . ^ hies shall be romoved or determined,
hSu? LXIII. ^nd be it further enacted, by the autharib/
hunting,fi8h-a/aremii, That if any person or persons sliall at any
ing, or fowl- timeshoot, hunt, or range, u|M)n the iitnds or tenemeuls,
a^ for eve- ^ fi«h,or fowl, in any crei ks or waters, included witli-
tv ofi'ence to >'* ^be bounds of any othf r person or persons, without
the infbnner. licence first obtained o< the owner of such lands, ev»-
Wh.t8haU py gycj^ ofiender shall forfeit and pay twenty shillings
*^r cc *^*' ^^^ every such offence; to be recovered with co^a be-
Wiiere the fore any justice of peace of the county where the of-
dwiier of the fence shall be committed, by the informer to bis own
landprote- yg^j in which information the confession of tlie par^
Sth^hiS ft^'cused, or the oath of one credible witness, shall be
convict the sufficient evidence; and where the owner of the laad
•ffender, but shall prosecute fop any unlawful shooting* hunting,
^a!l^^"^^ ranging, fishing, or fowling within bis bounds, tlieoath
the parish. ^ ^^^^ owner shall be sufficient evidence to convict the
^ offender; but in that case the pene^lty shall be paid to
the churchwardens of the parish wherein the offends
resides, to ttd use of their parish; and moriover eve-
ry such offender shall be liable to the action of the par-
..^ ». 3 ty grieved^ •at the common law, for his or her llamas
The offender ^^^
mlso liable to '^^•___ .,,,,.« . ■. ■ ,. .. •
action at the LXIV. And that tf any person shall be the third
coir^moii law. time q^nvicted of any such offence, as aforesaid, the
Upon a thirdjygtica wf peace before whom such conviction shall
Se offender, ^^f ^^^J' *"^ above, giving judgment for the aforesaid
besides pay-' forfeiture, shall require su<*h offender to enter into re-
iag the pen- cognizance, with one or more sufficient sureties, to our
^^Jj^^~^^ sovereign lord the king, his heirs and successors, in the
behavioiir. penalty often pounds current money, for his good be-
OrcoBUBtt. baviour, during one whole year from thence next fol-
r^ victi f ^wi«g> ^^ '" ^^^ ^f refusal so to do, shall commit him
swih ofeice ^ the common goal, there to remain until he give
aftenecuri^ such security, or until the ei^piration of one mouthy
OCTOBER lfM~i£ii4 OEOEGE n. 481
ami if after such surety gJT«m tuch oflTender shall be g^ren, thaii
convicted of shooting, bunting, ranging, fishing, <>P^f^*^^S?.
fowKng, unlawfully as aforesaid, within the timein his ^^
recognizance limited, such oSbnce shall be a breach of
the good behaviour, and the penalty of his recognizance
shall be forfeited, to the king, for the use of the parish
wherein such conviction shall be.
LXV. And that whosoever shall use any fire-hun- J^^"^^
ting, or tht killing of any ileer by such means, every ^y fire bua^
person present at such fire-hunting, shall forfeit and ting^ foxfcits
pay twenty shillings for every such offence, to the in* ^^
lormei*; to be recovered in the like manner, and upon
such evidence, and to the same use or uses, as the be*
fore recited offences of unlawful shooting, huntings
ranging, fishing, or fowling, are directed to be reco*
ver^ and applied: An4^if any Indian be Sound fire« if anindiu;
bunting, as aforesaid, it shall be lawful for the owner t^ gun nuy
6f the land where he shfall be so found, or his or her o- ^* 8«i»«<^-
verseer, to s(*ise and take aw ay the gun of such Indian,
and the same to keep to his own use.
LXVI. Jnd be it further enacted, by the (mthmty a- Bcp««linr
fortsaidf That all and every other act and acts, clause ^***^-
mnd clauses heretofore made, for or concerning any
natter or thing within the purview of this act, shall be ^
•nd are hereby repealed.
Provided iUwaySf That the exerution of this act This act sua*
shall be suspefided, until his nuuesty^s approbation P^*^^^ 'iH.
thereof first hftd and obtaiMd. iSl^^tt^
483 1-A\«'S OF YIROINIAi
CHAP. H.
S^'^izla 1 *** ^ declaring slaves to be personal estate f and for o*
'^ ther purposes therein mentioned.*
trctmblc '* \KrHEREAS one act of Assembly was made in
T T the founh year of the late queon Ahne» intitu-
Bepreaenta- * This act^ together wiflb nine otiiersy which were
tionagairwt passed among the revised laws, in 1748, was repealed
^rtld^Uwt "^^^ ^^ king's proclamation of the 31st of October, 1751.
The repeal of those acts not having been communica-
ted to the General Assembly until the 8th of Aprils
f5* Sec the 1752, ("See •¥. 8. Journal ofCouncilf pa. 69. J they were
proclamation printed, as enacted in the edition of 1752, and a list of
tiSi^voW^'*'^'" published at the end of that edition. The prin-
p. 559^ *^^' ^i"S of the revised laws of 1748, had pmbably too far
progressed before a notification of the repeal of these
ten acts was received, to make it pi*acticable to omit
them, in their proper places.
In a manmcript journal of the Gouncil which has
been preserved, the proceedings of the governor and
council in their legislative capacity, slM of the bouse
of burgesses, on this intei-esting subject, together with
a representation to the king, by a joint committee of
the council and burgesses, are given at large. — As this
document exhibits, in yevy stning terms the feelings of
the legislature, on receiving information of the repeal
of these laws, and their vie>^s of the king's preroga-
tive, in relation to that point, as well as the reasons
which induced the passing of them, it is deemed impor-
tant to insert it in this plare.
Wednesday April 15<A, 1752.
The committee reported that they, in coiyunctioa
- with those appointed by the house of burgesses, had
drawn up an address and representation to his majesty^
which were read and agreed to, and are as follow:
To the Klng^s most excellent majesty.
The humble address and repi*esentation of the council^
and burgesses, of this your majesty ^s antient colony^
and dominion of Virginia, now met in general as*
sembly,
Sheweth,
That pursuant to the constitution of this co-
lony, as established by your majesty's royal predeces-
OCTOBER ir48~2?nd GEORGE IL 43(3
'led» An act declaring the negro, mulatto, and Indian ^^2^>^^o^'
slaves, within this dominion to the real estate, which
was afterwards explained by one other act passed in
sors, your majesty was graciously pleased by your Representa^
commission under jour great seal, appointing the right ^^ **^!?lf
honorable William Ann Earl of Albemarle to be your ceruin laws-!
lieutenant and governor general of this your colony
and dominion of Virginia, " To give and grant unto
him the said William Ann Earl of Albemarle full pow-^
er and authority with the advice and consent of the
council, from time to time as need shall require, to,
summon and call General Assemblies of the freehold-
ers and planters within this said government, accor-
ding to the usage of the colony and dominion of Vir-
ginia, and to declare your royal will and pleasure that
the persons thereupon duly elected by the major part of
the freeholdei's of the respective counties and places,
and so returned, shall before their sitting take the
oaths mentioned in the act iniituled An act for the fur-
ther security of his majesty's person and government
and the succession of the crown in the heirs of the late
princess Sophia,.being protestants, and for extinguish-
ing the hopes of the pretended prince of Wales and
his t/pen and seci-et abettors, as alsd make and subscribe '
the Declaration/* << And also to give power and au-
thority to the said William Earl of Albemarle with
the consent of the Council and Assembly, or the major
part of them respectively, to make, constitute and
ordain Statutes and Ordinances for the public peace,
welfare and good government of the said colony, and
the people and inhabitants thereof; and such others as
shall thereto resort, and for tlie benefit of your ma-
jesty, your tieirs and successors, which said laws, sta-
tutes and ordinances are not to be repugnant to, but as
near as may be agreeable to the laws and statutes of
the kingdom of Great Britain: Provided that all such
laws, statutes and oi*dinances, of what nature or dura-
tion soever, be within three months or sooner after the
making thereof transmitted unto your majesty under
your seal of Virginia, for your majesty's approbation
or disallowance of the same, as also duplicates there-
of by the next conveyance, and in case any or all of
the said laws, statutes and ordinances not before con*
G 3_Vol. 5.
434 hJLy^S OF VIRGINIA.
the first year of bis present majesty's reign, infitaled^
Ch. 11. 1727. and act to explain^and amend the act. Tor aeclaring^ die
negro^ mulatto, and indian slaves within this domisi-
Itcprcwnu- **'"™^d ^y 7^^^ majesty, shall at anytime be disallow*
tion against ed and not approved, and so signified by your majesty
the repeal of jour heirs or successors under your or their Sign Ma»
certain l^ws^i^yj^i ^^^ Signet, or by order of your privy council, un-
to him the said William Ann Earl of Albemarle, or to
the commander in chief of the said colony for the tim^
being, then such and so many of the said laws, statutes
and ordinances as shall be disallowed and not approv-
ed, shall from thenceforth cease, determine aiiul be-
come utterly void and of none efTecf
And whereas the lieutenant governor, council aad
bnrgi*sses of this your majesty's colony, taking into
consideration that many of the laws and statutes had
of late years been either intirely or in part repealed,
and others of them expired, altered, amended or ex-
plained, from whence great mistakes and incon%'etti-
ences had arisen, for preventing whereof for the fii-
ture, a committee of the council and Assembly of this
colony was appointed to revise, alter, or amend all or
an> of the said laws and statutes, andf reduce the saiM
into bills, to be reported to the next meeting of the
General Assembly, which service was performed by
virtue of the power so given to tlie said committee*
That the said laws so revised, alterM or amended,
or so many of them as were approved and enacted by
the lieutenant governor, council and burgesses, were,
pursuant to your majesty's instructions and royal oon-
mand to your governor, transmitted for your majesty's
approbation or disallowance of the same. Ten of
which laws your majesty was pleased, by your order
in your privy council umleryour Sign Manual, bearing
date at St. James's, October 31, 1751, to r^eai and
declare void and of none effect
And whereas your Qiajesty has been pleased by yonr
royal instruction to your governor or commander in
chief to direct that << no law shaH be reenacted in this
colony to which the assent of your majesty or your
royal predecessor hath once been refused, without ex-
press leave for that purpose first obtained, upon a full
representation to your majesty, and to your commis-
sioners for trade and plantations, of tho reason and
OCTOBER 1748— 29nd GEORGE IL 43§
9iif to be real estate, and part of one other act, intitaled, ch. 31, 1705.
an act for the distribution of intestate estates, declar-
ing widows rights to their deceased husbands estates,
■ III. ■ i ■ ■ ■-
necessity for passing such law.'' We, therefore, ma- uepresenu-
turely deliberating thereon, and cone ei ving some of the tion ag^ainst
said repealed laws to be of great utility and well cal-^^^P^J^^ ^
culated to promote the public peace, welfare and good ^^'^^ ^•
government of this colony, and not repugnant to the
laws and statutes of Great-Britain, do in all humility,
begleave, pursuant to your majesty's lastmentioned in-
-struction, to represent to your majesty the reasons and
necessity upon which they were passed; which reasons
are transmitted with this our humble address and repre-
sentation. And we intreat your majesty, that, having
taken the same into your royal consideration, you will
Jbe graciously pleased to grant your permission, that
the same or so many of the said repealed laws, as to
your majesty, in your great wisdom, shall seem expo*
dient, may be reenacted, and that you will give in-
structions to your governor or conwnander in chief, for
$he time being, accordingly.
That, as we conceive, according to the antient con-
stitution and usage of this colony, all laws enacted here
for the public peace, welfare and good government
thereof, and not repugnant to the laws and statutes of
Great Britain, have always been taken and held to be
in full force, until your majesty's disallowance thereof
is notified here, ana that the same may be revised, al-
ter'd and amended, from time to time, as our exigen-
cies may require. But that when a law enacted here
bath once received your majesty's approbation, and
hath been confirmed, finally enacted, and ratified, the
same cannot by the legislature here be revised^ alter-
ed or amended, without ^ clause therein to suspend
the execution thereof 'til your majesty's pleasure shall
be known therein, even tho' our necessities for an im-
mediate revisal, alteration or amendment, be ever so
pressing.
We cannot, therefore, but express our deep concern
at your majesty's having in such solemn manner con*
firmed and ratified fifty seven of the 'forementioned re-
vised acts, that we apprehend we have not full power
now to revise alter or amend the same, without such
suspending clause^ which if understood in a strict
4S6 ^AWS OF VIRGINIA,
and for securin.^ orphans estates; which acts bating
been found inconvenient, and not to answer tlic ends
thereby intended.
ti nT^^^^t ^^"^^« ^'" subject us to .cjreat hardsliips and inconve*
thTrepeal of ^>i<^'*c^s, sinre it is not within the reach of human fore-
ceruin laws, sight to form any laws but what may, from experience,
be found to want necessary and sometimes speedy a-
meiKlments.
Wherefore we pray your msyesty will be graciously
pleased to take this our unhappy case into your seri-
ous consideration^ ainl that you will signify ^to your
lieutenant governor that it was not your royal intention
to fix those confirmed laws so unalterably upon us, but
tliat the same may bo altired or amended from time
to time as the circumstances of this country may r^
quire, for the public peace, welfare and good govern-
ment thereof, and provided the same shall not be re-
pugnant to the laws and statutes of Great-Britain; al-
ways having a due regard not to enact any laws to take
effect immediately that your majesty hath instructed
your governor or commander in chief not to pass with-
out a suspending clause 'till your royal assent may be
had thereto.
Our gratitude will not suffer us to conclude this our
\ humble address and representation, without acknow-
ledging a just sense of your majesty^s wisdom in re-
pealing certain of our revised laws, which up«)n our
further consideration, occasioned by your majesty's
* order in council aforesaid, we are convinced were, by
some omissions, not fitly framed, fully to answer the
purposes for which they were intended.
And we pray that the same Divine Providence which
hath hitherto continued your majesty a blessing to all
your good subjects, may preserve your majesty in the
peaceable enjoyment of your Throne to a fullness of
days; when you may willingly resign the same to
your iUustrious offspring, to whom the sam^ duty, loy.
alty, and obedience, will ever be paid by your faithful
people of Virginia.
^n Mi for allowing Fairs to be kept in the town of
Suffolk and preventing Hogs and Goats goint; at
large therein^ and for altering the times of hoUing
Fairs in tlie town of J^ewcastle.
OCTOBER 1748— 22nd GEORGE II. 437
II. Be it therefore enacted^ by Vie Lieutenant Gorer-^pealofthe
nor 9 Council, and Burgesses^ of this present QeneraL^^^^^^^^^' ,
Jissemblyf and it is hereby enacted^ by the authority of the
Jin Act for establishing a town in Augusta county,
and allowing Fairs to be kept therein. Representa-
These acts ai'e agreeable to others passed in former ^J^p^peaTof
Assemblies^ and their preambles shew their utility and certain Iaw».
design. Tlie small number of inhabitants^ and the
want of persons properly qualified to constitiite a cor-
poration, is the reason that your majesty's lieutenant
governor hath not granted these towns a charter.
To assess a toll on the commodities bronght to these
fairs would frustrate the intents of the arts. Neither
do 5the people desire a court of piepowder; tlicir
monthly county courts, and the authority allowed your
majesty's justices of the peace being sufficient to de-
termine their differences. Nor would your General
Assembly of this colony have presumed to enact these
laws without inserting a proviso that nothing therein
contained should derogate from, alter, or infringe yo!ir
royal power of granting to any person or peisons, bo-
dices politic or corporate, the privilege of hi>iding fairs
in such manner as your majesty, your heirs and suc-
cessors, should think fit; well knowing how unbeco-
ming it would be in them to presume to art contrary
to your majesty's r(»yal prerogative, which has evcV
been e.steemcd equally dear, sacred, and inviolable with
their own rights and liberties
Jin Act to prevent the buUding of Wooden Chimnies in
the town of fFalkcrton, and also to prevent the
inhabitants thereof from raising and keeping Htgs.
Acts of this nature have been passed every session
of Assembly of late years, to some of which your ma-
jesty hath been graciously pleased to assent. But
what chiefly induced your Assembly to pass this act,
was the preservation of the public warehouses for the
reception of tobacco in this town from the danger of
Fire.
An Act for the better support of the College of WUUam
and Mary.
By this act the acts of the fourth of queen Anne, in-
tituled. An act for laying an imposition upon skins and
furrs, for the better support of the college of Williim
and Mary, in Virginiaj and the Act for the better
488 l^AWS OF VIRGINIA,
samCf That the said two recited acts and every clause
and article thereof, shall be, and are hereby i-epealed and
made void, to all intents and purposes, a&if the same
*-
support and encouragement of the college of William
SJ^Mt and Mary, in Virginia, made in the eighth year of
the repeal of your majesty's reign, (to wliich last act your majesty
oeruin laws, was pleased to give your royal assent,) were reduced
into one act, and re-enacted in substauce, with no other
alteration than the increasing the duty upon every raw
hide, from three pence lo six |)ence, and i*epealing the
act made in the eighteenth yeta* of your majesty's
reign, for amending the first of these two acts, which
laid an additional duty of two shillings and mix |)cnce
on every raw hide, and five shillings on every tanned
hide exported.
The inducement your assembly had for this altera-
tion was to collect separate laws relating to the same
subject into one act, and for the benefit and support
of the college, the only public seminary of learning in
this colony, always favoured by your majesty and your
royal predecessors, and encouraged by your Assem-
blies here. Raw hides are exported from hence in
greater abundance than tanned* The duties imposed
by the act of the eighteenth year of your majesty's
reign were so high as in effect to amount to a piHihibi-
tion, for which reason it was repealed, and these du-
ties substituted. Six pence on a raw hide increases
the college revenue, is easily born by the commodity,
and not complained of by the trader or exporter.
Jin Act to prevent the tending of Seconds.
Experience convince the Legislature that turning
out and tending seconds of tobacco depreciated that
staple commodity and threatened the ruin of the trade.
Whereupon several acts of Assembly were made to
provide against that evil, particularly an act of the
fourth year of the late queen Anne, for improving the
staple of tobacco, and for regulating the size and tare
of tobacco hogsheads, which has the sanction of her
royal assent. Another made in the seventh year of the
reign of his late majesty king George the first, of bless-
ed memory, for the more effectual preventing the ten-
r— ding of seconds. Another of the third and fourth years
of your majesty's reign, for repealing the act for the
better and more effectual improving; the staple of to^
OCTOBER ir48~«snd OEORUE II. 48f
had never been made: And that for the future, all 8^^^ deda-
slaves whatsoever shall be held, deemed, and taken, to^^J^^
be chattels personal. tonal. ^^^
baccoy and for the better exec^ution of the laws now in Represents^
force against tending seconds, and for the further pre-*|j^" "^"f^
▼ention thereof. And another of the tenth of your^^^^J^
majesty's reign, to prevent cutting up tobacco suckers.
Upon the revisal of their laws, your Assembly redu-
ced such clauses of these acts, (except the fiinst) into
one act, with an amendment, that if any plants should
be destroyed by tempest or otherwise, when growings
and thrown away without being cured or housed, any
person might raise and tend seconds or sliiis upon the
same stalks without incurring a penalty. W hich they
humbly conceived to be conformable to the spirit of
the former laws, and founded on re<ison and justice.
Fortho' the policy of thesclaws is topreventthe utter loss
of the tobacco trade by ovrrstocking the markets with
bad tobacco, it does not intend to ruin the planter,
whose whole support depends on his crop frequently
exposed to tempests, and there is no danger of making
two crops from thesame plant, where what they c^ll firsts
have been destroyed. If this act was repealed upon
an opinion that the preventing the tending and making
tobacco from slips or suckers will so much lessen the
quality of tobacco imported into Great-Britain as to
diminish your ' majesty's revenue arising fromtiiat
commodity, we beg leave to observe that from a law
of the like nature which hath been in force more than
forty years, no such effect has been produced; but du- ^
ring that time, we have always made as much tobacco
as Great Britain and all its various branches of foi*eign ^
trade could find markets for. And to encourage the
making greater quanities than can be sold will imme*
diately ruin the planter; and in consequence the trader
too. .
Jhi Jid for establishing the General Courts and for re-
gutaiing and settling the proceedings therein.
This act contained little more than a collection of
former acts relating to this court, and the rules of
practice. It altered the returns of some of the pro-
cess for the ease of the court, the benefit of the suit-
ors, and the convenience of the attornies; limited ap*
peals from the inferior courts to ten pounds, instead
440 LAWS OF VIRGINIA,
But this act III. Provided always^ and he U enadedf by tht
''J^ff^^l^'' authority aforesaidf That nothing herein contained,
right. ^^^11 ^^ construed, deemed, or taken, to alter or de^
Representa- of five pounds; which limitations is also in the act for
^**j^|J^'^*^£estahiishingthecounty courts; and also limited original
certain laws, process to twenty pounds current money or four thou-
sand pounds 'of tohacco, instead often pounds sterling
or two thousand pounds of tobacco, with a view to
keep up the dignity of the court, to prevent in some
measure the too great increase of business, and to hin-
der litigious persons from harrassing their debtors in
this court for small debts, whet*e the delays occasion-
ed by the multiplicity of causes, the costs and atten-
dance of the parties, are more burthensome than in
the inferior courts, which have competent jurisdiction
of such suits. Tlie good effects of this law began to
appear during its short continuance.
An Jlct declaring Staves to be Personal Estate, and for
ot/ter purposes therein mentioned*
Slaves are in their nature personal estate, and not
real, and so continued in this colony 'till the fourth of
queen Anne, when the Legislature declared them real
estate; but with so many provisos and exceptions that
they remained personal estate in many instances. Tiiey
might be sold, sued for, and taken in execution as chat-
tels, and were not to escheat; they remained as jier-
sonal assets in the hands of the administrator; and yet
descended to the heir at law as real estate. He was
answerable for a projiortionabie part of their apprais-
ed value to his younger brothers and sisters; except
of those who were allotted to the widow for her dow-
er, which he took wiiolly to himself upon her death.
In the first year of your majesty's reign, another act
was made to explain and amend the former; and by
that wives* slaves were vested in their husbands; tliey
were only to be given or bequeath<Ml as chattels, and
no remaider of tliem was to be limited otherwise than
as a chattel personal by tlie rules of the common law.
An infant of the age of eighteen years might devise
them away, but they were not to be forfeited, except
ill ca^5es wore lands and tenements are forfeited; and
tlie value of the slaves of mothers dying intestate, o-
tlier than her dower slaves, was made distributable*
as in the case of a father. It also allowed and settled
OCTOBEtt ir48— Sfttid GEORGE U. 444
/
feat the rights title, property, claim, *br demand of a*
fiy person or persons whatsoever, of, in, or to any slave
or slaves wbich hath heretofore accrued to him, her,
•
a method for annexing slaves to lands in tail, and de- i^epresenta-
^ dared that such slaves and their increase should pass tion against
• aiid descend with the land as part of the freehold. But ^e repeal of
provided that such slaves might be taken in exocutioq, ^^^^^ '*^*'
and sold for the debts of the tenant in tail for the time
being, and such sale should barr the intail. This last
act being in the first part explanatory, was productive
of many suits; it was thougiit to look back to the
first law made twenty two years before^ destroyed old
titles, and created new, and was attended with such
doubts^ variety of opinions, and confusion, that new
points are even yet started, and undetermined. To
remedy which it was thought best to reduce them to
their natural condition, so that they might not at the
same time be real estate in some respe^^ts, personal
in others, and both in others; and as the younger
children were entituied to a proportionable part of the i
value of the slaves descended from a father or mother,
they might also share with the elder brf>ther when th^^ir
collateral relations died intestate, which they could not
do before. Nor did your Assembly think it beneficial
or convenient to continue the method of intailing ne-
groes any longer. They saw that slaves could not be
kept on the lands to which they were annexed without
manifest prejudice to the tenant in tail. Because in
time they overstocked the plantations, and often the te- %^ '
nant was the proprietor of tee simple land, much fit-
ter for cultivation than his intailed lands* where he
could work his slaves to a much greater advantage.
But on the other hand the frequent removing and set-
tling them on other lands in other counties and parts of
the colony, far distant from the county court, where
the deeds or wills which annexed them were recorded,
and the intail lands lay; the confusion occasioned by
their mixture with fee simple slaves of the same name
and sex, and belonging to the same owner; the un-
certainty of distinguishing one from another, after se
veral generations, no register of their genealogy be-
ing kept, and none of them having surnames, were
great michiefs to purchasers, strangers, and credi-
H S— Vol. 5.
44« LAWS OF VIRGINIA,
% or them, by virtae of the said two recited acts; any
thing in this act to the contrary or seeming to the con-
trary notwithstanding.
RenttMnta- ^^9 ^^^ v^ert often unavoidably deceived in their
tion against purchases, and hindered in the recovery of their
the repeal of just debts* It also lessened the credit of tlie coun-
certain laws. ^^y. j^. jjejug dangerous for the merchants of
Great Britain to trust possessors of many slaves^
for fear the slaves might be intailed. And should
credit be destroyed in a trading country, as ours mar
be properly called, the consequence might be fatal.
Virginia estates are attended with a certain large and
yearly expence in furnishing these slaves with doath*
ing, food, and tools, paying their public poll taxes, and
the quit rents of the lands. The profits arising from
the crops of tobacco, and indian corn, are precarious,
and often destroyed by gusts, droughts, and other ca-
sualties. But in such cases if the master Cannot be
trusted for necessaries, till he makes another crop,
himself, family, slaves, and stocks, must be in misera-
ble and starving circumstances.
Besides the clause for subjecting intailed slaves to
be taken in execution for the debts of the tenant in tail
for the time being, in effect annuls the former pro- '
vision; because an unthrifty or designing tenant, by
running in debt or borrowing money, and then confes-
sing judgment, and getting his creditors to sue out ex-
cutfons against the intailed slaves, might defeat their
settlement. And since your majesty was pleased'bl
the eighth year of your reign, to confirm an act set-
tling a manner for docking the intail of lands not ex-
ceeding the value of two hundred pounds sterling, by
your Writ in the nature of an a4 quod damnum, it is
doubted whether when the intail ofsucfa parcels of land
is barred, the intail of the slaves annexed thereto does
not determine, and the tenant gain an absolute proper-
ty in them. Aa there is no notice to be taken of them
in defeating the estate tail in the land, wherefore >our
Assembly were desirous of repealing the-se acts, but
that they might avoid the mischief so justly complain-
ed of in the last act, they inserted a clause to save and
make good all rights accrued under tliese laws.
Jn Jlctfor the aistrtbutton of Intestates Estates*
The relation this act bears to the last concerning
OCTOBER 1748~22nd GEORGE IL 448
IV. Provided aUo, That no slaves whatsoever shall SU^inotfi-
be forreited, except in such cases wherein the lands J^J^ ^
and tenements of the person incurring the forfeiture ^ept where
are, should, or mi^ht be forfeited. Undi might
V. And be it fnrthtr enacted^ fty the OMth&riiy o-'^^forf*'**^
forenaidt That this act shall commence and be in force ^^l^
' from and immediately after the tenth day of June, ^^t.
which shall be in the year of our fordone thousand^se-
▼en hundred and fifty one.
slaves, we humbly imagine caused its repeal as use- Repi^tenfta-
lesSf because it varies so little from the old law for the ^o" agaimt
distribution of intestates estates, and declaring widows ^IJ^^S^^
rights to their deceased husbands estates, tiiat it was
not worth enacting, had not some clauses of the old
act been thrown more pn)perly into other laws, and
clauses from other laws with gi*eater propriety tak^n
into this. But the chief end was to give the heir of aa
intestate, to whom the lands descended, an opportuni-
ty of keeping the slaves at their appraised value as it
would be advantageous to him in tilling his lands, but •
not so valuable as money to the younger children who
had no lands, and to oblige the heir to pay them their
parts of the value of the widows slaves when thej/ should
come to him. It was also necessary to insert a clause
to keep widows to their old allowance of only an
estate for life, in a third part of the intestates slaves^
to prevent the ruin which would otherwise soon hap-
pen to some of the best estates here, by widows mar-
rying second husbands, and carrying with them a pro-
perty In so many of their first husbands slaves. But
we will not trouble your majesty vidth more reasons for
this act, since it is of little use without the other.
These» sir, are some of the principal reasons which
we apprehended prevailed with the late Assembly to
pass these laws, and which we most humbly submit to
your royal consideration.
444 I-AWS OP VIRGINIA,
* CHAP. III.
rprom edit Jn Jictfor the disirihution oflnUstaies estates,
L *I^OR the more equal distribution of the estates
. . JlI of persons dying intestate, within this dominion
S-* thfpel^- Be it enacUd, by the LietUenant-Oiyvemar, Caundlf
nal estate ex- ^nct Burgesses, of this present Oeneral JissenMyf and
cept slaves, it IS hereby enactedf by the authority of the sanu. That
after debts, funeral, and other just cxpences first paid
and allowed, the surplus of ail,and singular the goods,
chattels, and |)crsonal estate, other than slaves, ofVve*
ry person dying intestate* shall be distributed amongst
the wife and children, or childrens children, if any
such, or otherwise to the nextof kintothedead person,
in ec|ual degree, or representing their stocks, according
to their respective legal rights, and the rules and limi-
tations herein after expressed* and not otherwise:—
tThe wife's That is to say, one third part of such surplus to the
The child. ^''^ of the intestate, and all the residue in equal pro-
ren's ortheir P^»rtion to and amongst his children, and in case any
representap 8uch child or children be then dead, to such person or
lives. persons as legjflly represent them, other than such child
or childreni^ho nave had any estate, settlement or por*
tion, from the intestate in his life time, equal in val-
ue to the share arising by such distribution to each of
the other children: But if such estate, settlement* or
portion, be of less value, then such child or children
Qhall be intituled to so much of the surplus afofesaid
as shall make his, her, or their share, or shares, equal
to the share of each of the other children, as near as
can be estimated; and the heir at law, notwithstanding
^P^«»^**^^any land he may have by descent, or otherwise, from
^'iJ]]**^" the intestate, shall nevertheless have an equal part in
' the distribution with the rest of the children,- without
any consideration of the value of the land.
Whereachild H* And if after the death of a father, any of his
dies intes- children shall die intestate, without wife or children,
^^^h*ir»^Wfe *"^ '" ^^^ ^^^ ^^^^ ^^ *^^ mother, every brother, and
time ^and sister, and the representatives of t|>em, shall have an
without wife equal share with her; and if all the children shall die
or child. intescate, without wife or children, in the life time of
the mother, then the portion of the child, so dying las^
xshall be equally divided; one moiety to the mother,
and the othek* moiety to the niasX of kin by the fatbei^
OCTO PER 17:48— S2nd GEORGE IL 445
and if there be no such kindred, the whole shall be to *
the mother.
III. And in case tliere be no cliildren^ nor any le- Where n«
gal replresentatives ofthem, then one moiety of the ^^^^'^^'^^ <^'
surplus aforesaid, shall be to the wife of the intestate, J^^^*^"^^
,and the other moiety to the next of kin to such intestate,
who are in equal degree* and thos* who lejs^aJly rcpre-
«ent them; and if there be no such kindred, then ail the
said surplus shall be to the wife.
IV. Provided alway Si That there be no represen who may be
tattves admitted among collaterals, after brothers and represenu-
sisters children; and that in case there iu^ no wife,^J^'' .
then all tite surplus aforesaid* shall be eqiirilly distri- ^j^testate diee
buted to and among the children; and if tlieiv' be no without wife.
child, then to the next of kin to the intestate, and their
legal representatives, as afoi*esaid.
V. Jind be it further enacted* by the autliority a- The widow's
fnresaidf That when any person dies intestate., his wi-^^^^^ o^
dow shall have one full and equal third pait of all his^*''^*^^ ^^
slaves* which upon her petition to the couK granting recovered.
certificate of administration of her husbands eMate,
shall be assigned to her, by persons for that purpose
to be nominated and appointed by the said court; and
she shall hold such slave and slaves* and all their in-.. .. . .
crease during her natural life, and after her death, the tcrminett ^
said slaves, and their increase* which shall be then liv Vested in
ing shall be appraisetl, and shall descend to, and be ves- the heir.
ted in the heir at law of the intestate, but lie shall be
answerable to the other children, or their legal repre-
sentatives, for their proportionable value of the said
slaves, in the same manner as is herein after directed^
for the other remaining slaves.
VI. And the other remaining slaves of the intestate And also all
shall be immediately vested in his heir, but he shall be the other
answerable to the other children, or their legal repre- »'*v^^t he
sentatives, for their proportionable part of the true proportion of
value of such remaining slaves* in the same manner as the value to
by this act is directed for the distribution of the other ^f other
personal estate of the intestate. children.
Vil. Provided alwoys* and be it enacted* That no- ^^^^^^
thing herein contained shall extend, or be construed to rights^ and
extend, to alter or defeat any estate, right, title, or in- titles to
terest* of, in, or to any slave or slaves held as dow- '^^ ^onfir-
er, before the commencement of this act; but the sarne"*®^
shall descend, pass^ and go in tlie same manner as if
44« LAWSOFYIBOINIA,
' this act had nerer been made; any thing herein to the
contrary, or seeming to the contrary, notwithstanding.
YIII. Jhid be it farther enadedf by the authority a-
^»^» ^^ /wejaid. That if any widow poanessed of any slave or
permitting »Iavcs, as of the third part of her husbands slaves, shall
such slaves send or permit to be sent ont of this colony, sach
to be sent slave or slaves or any of their increase, without the
cof *^^fo'- '•^'**' consent of him or her in reversion, such widow
^ito"a^ her ^I^^H forfeit such slave or slaves, and all other her
dower. dower of such husbands estate, unto the person or per-
sons having the reversion thereof; and if the basband
of any widow, poasessed as aforesaid, shall so send»
or permit any such slave or slaves to be sent out of this
colony, it shall be lawful for him or her in reversion to
enter into, possess, and enjoy all the estate held by
such husband, in right of his wifes dower and third
part, for and during the lifetime of such husband.
Method ofre- I^ ^^d ^^ it further enacted^ by the authority afort-
coyerinrpsr- said, That where any person or persons have, or shall
tition or loive right to demand a third part, or have partition of
^^ -any slave or slaves, such person or persons shall and
may exhibit a bill in equity for that purpose, against
the person or persons of whom the same may be de«
manded, and the court before whom such bill shall be
exhibited, shall compel the defendant or defendants to
answer, and shall and may proceed upon such bill and
, answer, although the defendant or defendants, or any of
them, be under the age of twenty one years, according
to the course and rules of equity, and shall and may
make such decree, for the assignment of such thiiil
part, or making such partition, in such manner as
shall be most agreeable to equity.
Or a propor. X. And that where it shall be necessary for the
tionofthe child or children of any person whatsoever, to bring a-
vahie. ^y g^*|. against the heir at law, for recovering his or
their proportion of the value of any slave or slaves^
pursuant to this act, such child or children shall and
may exhibit his or their bill in a court of equity, for
recovering such proportion; and such ccmrt sbfUl and
may proceed upon the bill, and the answer 6f the do*
fendant, although he shall be under the age of twenty
one years, and give such relief, for the recovering, and
compelling the payment of such proportion, of tins true
value of such slave or slaves, as shall be agreeiMe to
the rules of equily.
OCTOBER ir4e~t2td GEORGE IL 447
XL JndbeitfitrtherenactidfbytheauihorUf ii/bre- Whit part of
saidf That when any person dies testate, and leaves one*"* ****^Vil
or two children, and nu more, be shall not have power {^J^^
to dispose of nioi*e than two third parts of his estate, by wife.
wili,'tu any other person or persons than his wife, and
one third part thereof, at least, shall be given to her|
and if he leaves more than two children, his wife
shall not have less tlian a child's part, according to the
number of children; but if he leaves no child, then the
wife shall have at least an equal moiety of his estate: And
when any widow shall not be satisfied with the proTi-
sion made for her by her husband's will, it shall be Her remedy
lawful for such widow, within nine months after 1*^^ jlj^'^j'^j'*
husband's death, before the court where such will shall ^l^h^lmg.
be proved, or by deed executed in the presence of two baud's will.
or m.ore witnesses, to declare, that she will not accept^
receive, or take the legacy, or legacies to her given,
or bequeathed, or any part thereof, and will renounce
all benefit and advantage which she might claim by
such last will; and after such declaration, to demand
and recover the third part of all the slaves whereof her
husband diedpossessed, which she shall enjoy during her
natural life, and after her death, or other determina*
tion of that estate, the said slates shall go to the per-
son or persons in whom the property thereof would
have vested, in case the sane had not been demanded;
and moreover, such widow shall have such share of
the other pt^rsonal estate of her husband, as by this act
is directed: But if such declaration be not made with-
in the time before limited, she shall be for ever barred,
to claim any other part of her husband's estate, tlian
is or shall be given, or bequeathed to her> by his last
wiU.
XIL Provided alwajiSf That if such widow dies be* limitatioii
fore distribution of her husband's estate shall bemade,^^^<^o^'^
according to this act, in that case her executors or ad- ^^^
mioistrafors, may demand and recover so much as shall
be given her by will, and no more; and where the widow
of any person dying intestate shall depart this life be-
fore administration of her husbands estate shall be'
granted, the right of such widow to such estate, or a-
ny part thereof, shall be determined, and her executors,
or administratcMTs, shall not have any action foi; reco-
very thereof.
448
LAWS OF VIRGINIA^
Wid#W8
dower in
lands and
tenements.
When&how XIIL And to the end due regaH may be bad to
^^Ube^"°" creditors. Be itfurt/ier etiacUd, by theautharUy afore^
iiadc.^ ««w^f That no distribution of tite /^lods of any iittes*
tate .shall be m^de before the expiration of nini^ months
after his or iter death; and that every person c laimiitj;
any share or part therein, shall give bond with suffl*
cient sureties, in the court where such distribution
shall be made, that if any just debt, or debts, owing
by the intestate, shall then-after appear* be sued ftir^
or recovered, he or she will refund, and pay bark to
the administrator, his or Ikt proportionable part of
such debt and debts, and of alTcosts ami charges occa-
sioned thereby, that the administrator may be enabled
to pay and satisfy the same.
XIV. t^nd be it furilier enactedf by the authority e*
Joresaidf That tlie widow of every |>erson dying int"*?
tate, shall be endowed of one full and equal third part
of all her husbands lands, tenements, and other real es*
tate, in manner as is dii^ected and presf ribed by the
laws and constitutions (»f the kingdom of England; and
till such dower shall be assigned, it shall be lawful for
her to remain and continue in the mansion house, and
the messuage or plantation thereto belonging, without
being chargeable to pay the heir any rent for tbe
Jointures ex- same.
cepted. XV. Provided always^ That where any widow shall
have such a jointure settled on hrr in the life time of
her husband, as by law doth barr her of her dowerj
she shall not hold possession of any housc^or inessua*
ges of such husband, other than what shall be so set-
Repealing Ued on her.
clause. XVI. Jnd be it Jurther enacted, by theTauthonty a-
foresaid. That all and every other act and actSf clause
and clauses, heretofore made, for or com erning any
matter or thing within the purview of this, act, shall
Commence- be, and are hei-eby repealed.
ment of this XVII. Md be it further etmcteJ, by the autkarUy a-
foresaid. That tliis act shall commrnce, and be in fon e,
from and immediately after the tenth day of Jane^
which shall be in the year of our Lord, oae thousand
deven hundred and fifty one*
act
L
OCTOBER ir4S^l^2nd GBOUGE IL /H9
CHAP. IV.
At Jet for the heiter management and tecuritif of Or* [trottk edit.
phanSf and their estates. 1752.]
BE it enacteiy by the Lieutenant-Ootemorf C&nn^ Fathers may
ct/f and Burgesses^ of this present Oetieral Js- by de«Q, or
semblyf and it is hereby enacted^ by the authority tf'^^ dispaae
ttc same. That where any person hath, or shall have,^^^^®^^
any child or children^ under the age of twenty one tion of their
years, and not married, at the time of Ms death, it unmarried
shall and may be lawful to and for the father of such ^«*»»^ <*»^
ehild or children, whether born at the time of the de-°'^"' .
cease of the father, or then an infant or infants in the
womb, or whether such father be within the age of
one and twenty years, or of full age, by his deed exe-
cated ill his life time, or by his last will and testament
in writing, in the presence of two or more credible
witnesses, in such manner and fit>m time to time as he
shall think fit, to dispose of the custody and tuition of
snch child or children, for and during such time as he,
ilie, or they shall remain under the age of one and
twenty years, or fur any losser time, to any person or
persons, in possession or remainder, other than popish
recusants; and every such disposition heretofore made^
iir hereafter to be made, shall be good and effectual a-
gainst all and every person and persons claiming the
eostody and tuijtion of such child or children, as guar-
dian in soccage, or otherwisei an^l the person
or- persons to whom such custody and tuition hath
been or shall be so disposed, or devised, shall and may
HttaintaiH an action of ravishment of ward, or trespass,
against any person or persons who shall wrongfully take
away or detain such child or children, for the recove-
ry of such child or children and shall and may reco-
ver damages for tlie same, in the said action, for the
ime and benefit of such child or children.
11. And that every person and persons to whom such gu^h gyifd^^
custody and tuition hath been, or shall be so disposed, i^ aJEkI^
or devised, as aforesaid, shall and may take into his orcutto^ cC
their oustody, to the use of such child or children, the^bcmftan
profits of all lands, tenements, and hereditaments, and ^
also the slaves, goods, chattels, and personal estate of
8uah child or cluldi*en, till their respective age of one
I 3--iVol. r.
4jSm JUAWS OF YIRCJINU,
mtd tweilty years, or any lef^s^ tiaic according toancii
difipoBitioii aforesaid, and may bring suck action or ac*
' tions* in relation thereuntoi as by law a guardian in
camnion soccage oiigbt do.
i^hSr^"an **': -P^*^*^^ alwatfs, Ibat notbing herein belbro
tppren^f Contained, sball ext<*nd to <Hscbarge any apprenttf«
aor abridge from his appt'cnticcsliip: Nor to tftke away the pow-
power of cr of tlie general court, or county court, upon aim-
f^^"^' plaint to thetn made, of stirb gtiantian abusing tlie trust
reposed in liiin^ by misusing the child or children im*
der his tuition, or negiecting the care of tlieir educa*
tion suitable to their estate, or wHsting, converting ts
bis own use, f>r otirerways mismanaging snch entatew
to make and establish, from time to time, such rules,
orders and decrees for securing the estate, and for Ui»>
better education ami usage of such orphans, as thry ia
^eir disrreticin shall judge meet and necessary.
Juinsdietion IV. Jind be it further $)ta4:tedf by the auil^miiy a^
9i the Gtut-'foreBaidw 'rhalihc general court, and the several county
Sid^eoJuiity ^^^^ ®f ^^^^ dominion, within their respective jurist
Courts con- dictions, have, and shall have Full power and authority,
oemingor- from time to time, to take cognizance of all matters
^^'^^J*"^ concerning orphans and their estates, and to appoint
•^***"^'*' gua;rdians in such cases, where to tbeiw it shall ap]iear
necessary, and sliall take good security of all guardians
by them appointed, for the estates of tbe orphanato
Court abati ^'^^™ respectively committed; and if any county'coutt
take security Shall commit an orphans estate, to tlie charge or guar-
of guardians diansbip of any person or persons, without taking gool
^^•^teA *^' and sufficient security for the same, in s|ich case, tke
^^ justices- app'dnting such guai*dfan or committing saeb
^^ estate, and every of them, shaU be liable for M io»
fi^ff^so to ^^^ damage sustained by tlie orjihan, for want of sodi
do, the iusti. securtt} ; to be recovered with costs, by acttoiY at the
ces liable for common law, in any coort of record, at tbe suit of the.
.<*'^"'*»«^»- party grievad*
Whore not ^* ^^^'^^^^ o/way*. That where tbe securities wwe
fitbk. 8^^ ^^ ^^ ^^^ ^^ ^^'^ being so accepted and tak«^
but afterwards become insolvent, in such case tbe j«»>
ticcs shall not be liable.
Bdtyof guar- VI. Md be itfurther enactedf bf the auihoriiff afnt^
^ti?h '^^' ^'^^^^ wherever a guardian shall be appointed ta
Sl'cwt '^y orphan, by the ^neral court, or4>y any codntf
court, tytti h guardian shall, at tlu^ next tourt after Ua
^ikppoinUiH^ty extiibit bis account upon oath oCall tM
OCTOBER ir48_£2iid UEOflGE IL ^4
estate Df lucii orphan) wkich lie shall ha^ received
intf) his bands; and evei^ guardian heretofore, or
hereafter to be by sucii court appointed, shall, once
every year, exliibit his account and state of the praftis
and otJicr incomes of tlie estate iti* such orphan, upon
his oatli: And such accounts so to be exhibited, shall Tbek ae<i
be entiiid by the clerk in a book to be provided a«»d^'5^by *
kept for that fmrposo only: And when the said courts tbe clerk.
shall respectively know, or be informed, that any guar* Power <t
dian or gaaidians, by them respectively appoint<3, do f®^ T^^
waste or convert the money or estate of any orphan Smns^ScSi
to his or their own use, or do in any manner misman* of trust
age the same, or do not take doe care of the educating OrhecoaAvf
and maintaining any oi^han, aaording to his dc^pree ^'^'^^^'^
4ind circttmstances; or where such guardian or bia
securities are likely to become insolvent, such court
shall have power, from time to time, to make and esta-
blish such orders and rules, for the better ordering^
managing, and securing such estr.te, and for the better
educating and maintaining such orphans, or to appoint
another guardiam as they in their discretion shall
think most fit and expedient.
V IL And that every person heretofore appointed,or Quai^aiu
hereafter to be appointed guardian to any orphan, by ^mU render
any county coui^, shall,{at the court held for that coun- mquaI m-
ly in the month of August, in every year, or if no ««»o**-
court be tlien held, at the next succeeding coart held
for that county, exhibit such account as aforesaid: _, .
And the justices of every county court shall yearly, at jn^fj^n^iySIa
the same court, examine into all accounts of g^ardi- Jutticet.
ans so to be exhibited to them, and shall direct pro* ProceM m-
cess to issue returnable to their next couiiif against all ^^J^^^^^^
guardians who shall then fail to appear and render ^^
such account, whether such guardian be resident in the
same or in any other county; and shall then also en*
qnire into the i^buses and mismanagements of gtiardi^
ans, and whether they or their securities are likely to
become insolvent, and thereupon to proceed according
to the poWer in this act before given them; and the Pentlty oa
justices of every county court who shall fail or neglect i"*^^'-^'
to do their duty herein, shall forfeit and pay the suod ^"^'
of Ave thousand pounds of tobacco, oiie half to oar
.4MiveTeign lord tlie king, his heirs and successors, la
4Mid for the use of the oooaty, and the other half In
452 LAWS UF VIRGINIA*
the informei^ to be recovered by action of A^bt 'or
information, in any court of record in tliis cotony.
Court may, VIII. fravided atwaySf Thai nothinj^^ herein before
ftt anjr time, contained shall be conatnied to abridge or restrain the
SecoiJdact P^^^ ^^ *® sereral county courts to enqaire, as often
of gaaidiMw. ^ they skall tliink pn)|)er, into the abuses and nls-
managements of gtiardianst but that it ftfiall be lawful
fhi* them to exercise such power, at any tine or times,
when to tiiem it shall appear necessary; any thing in
this act to the contrary, or seeming to the contrary not-
withstanding.
-_. ,. IX. Jin4 be U fitrther enacted^ by tiie amtharUf 4-
Z!^^'f<n'€saidf That it shall be hiwfui for every guardtaa,
char^ in to charge in his account, all reasonable disbursenieno^
their ac and expences; and if upon rendring such account, it
counts. gi^jjii appear to the court, that such guardian batb re-
ally and bmaJHe ^disburved more in arty one year than
0ie profits of the orphans estate, do amount onto, fiur
the education and maintenance of the orphan, sucb
guardian shall be allowed and paid for the same, oat
of the profits of such orphans estate, in any other year
during his or her guardianship.
. X. Prffoided alwaySf That such disbumetientB be«
tt^numiiBt *** ^^ opinion of the court, suitable to the degree and
be Bui^ble -clrcumstances of the estate of such orphan: And thtt
id the or- where such estate shall be of so small viJoe^ thttt tto
phan*« de. persmn will educate and maintain him cm- her for the
f^^ ^ ^^ profits thereof, such orphati shall, by direction of tile
Froviaipn for Court, be bound apprentice, every mde to some tradea-
poororphi^ man, merchant, mariner, or other person approved by
the court, until he shall attain the age of one and
twenty years, and every fbmale to some suitable traie
Or employment, 'til her age of eighteen yeare; Md
tiie master or mistress of every such servant, ahdl
find and provide for him or her, diet, doaths, lodgiMs
and accommodations fit and necessary, and shall tea^
or cause him or her to be taught to read and write,
and at the expiration of his or her apprenticesAiip, siMdl
Cy every such servant^ the like allowance ai iA by
w appointed for servants by,indc«iture or ciistMi, and
on refiisal, shall be compelaUe, thereto in lilte manner:
And if upon complaint made to ;tlie comity courts it
shall appear, that any such apprentice is fH nsed^ or
not taught the trade or proflNMion to whidi be or she
w|^ bounds it shall be lawfd for mdi emirt to remote
OCTOBER ir4B^d2nd GE<NSOE.IL 45a
and bind him or tier to duck otker person or persons Ss
they sliidl tUnk fit
XI. And be it fmiher enadedf by tke mUkarihi a- How aeci^
fn-uaid. That where any person who now is, or here- ^.^nt^J^JJl
aifter shall be secsrity for the estate of any orphan, dian^nuy^
shall afterwards conceive himself in dangir by reason sieved
thereof^ and petition the court where such security
was entred into fur relief, it shall be lawfal for such
court, upon such petition to them exhibited^ fortliwith
to order summons to issue against the party or parties,
with and for >yfiom the petitioner stands bound, retaro-
aUe to the next court; and thereupon to cooipcl $urh
party or partiesj to give suAcienty other, or counter
security, to be approved by the said court, or to deU«
Ter ^p the estate to the petitioner, or such other per* . ,
8on as the court shall direct, or they may, and are
hereby impowered to make such other order or decree
' therein^ for relief of the petitioner and better se-
curing such orphans estate, as to them shall fqipear
just and equitable.
XII.Pnn?uffdaZways,Thatsuchcourt8hailtakegood pro^^.
and sufficient security of the person or persons to whom
such estate shall be so committed, in the like manner,
and under the like {lenalty, as is by this act required
to be taken of guardians appointed by the court; and
every such person shall also exhibit his account, and
be subject to the rules and orders of the court, in the
same manner, to all intents and purposes, as is herein
before required of guardians, or they are made suhgect
iiilto.
XIII. And be it Jwrthtr enaded^ fry the anthmity a- where a
firesaid^ That when any guardian, or person charge- guardian dies
able with the estate of any orphan, or with the estate the orphans
of a person deceased, to him committed by any court ^^^^^^
' of record in this colony, shall die so chargeable, the before^any
^ teecutors and administrators of such person so dying other debt'
. shall be conpeliable to pay and satisfy, out of tiie es-
tate of tbeir testator or intestate, so moeb as shall
appear due to the estate of such orphan, or perst n
' deceased* before any other or proper debt whatsoever
of such testator, or intestate; any law, custom, or
* usage, to the contrary thereof, in any wise, notwith-
". standing.
XIV. Jtnd be U Jurthir enaeied^ bf the anihoriiy a- Repealing
Joremid^ That all and etery otheir aet and scts^ diMe dause-
454 h^^9 6F VIRGINIA,
^i clBMeMf beretefbre made, for or eonoeming mjr
ttiatter or thing within the purTiow of this act^ shall bo
and are hereby repealed.
XV* dnd be U further enactedf by the anthoriii/ a*
v^t^^^f'*^'^^^ That this act shall commence, and be ia
«ct. force, froiA|and iamediateiy after the tenth day of
Jane, which sliall be in the year of our lord one thoii^
aand seven hundred and fifty one.
CHAP, v.;
(Irameait: JkiJct direcHng the manner of granting probaU «f
)^^3] Wills, and Mminhtratim ofJnUetates SstaUt.
h n E it enattedf by the Ltentenant-Qiyoernarf Canm-
^m mav ** ^ «*^ Burgesses, of this present Gemmi
tMk€pwtid[Jiesemblyf and U is hereby enacted by the authorUy ef
wUb; and ih/t Same, That the county courts of this dominion, and
Stoti^if*' ^^T ^^ them, within their respective counties, have
and shall have jurisdiction and authority to hear and
determine all causes, matters, suits, and controversies
testamentary, which sliall be brought before thtm,
and to examine and take the proof of wills, and
to hear and determine the right of administra-
tioii of the estates of persons dying intestat^^
and to grant certificates thereof, to the governor or
commander in chief of this dominion, for the tioMt be-
ing, or to his deputy, or deputies appointed for that
purpose, being a member, or members of the said
courts respectively, for obtaining thereupon a probata
or admintstration with the will annexed, or a rommis-
aion of administration, as the case shall require, ac«
Kuks of cording to the methodts and rules herein aJPter din^
"* it*^ ^ ^* ^ *^^ ^ ^ ®*y^ ^^ *"y person having a mansimi
'^ ' house, or other place of known residence and abode^
within this dominion, shall depart this life, and dispose
of bis or her estate, or any part thereof, by will, such
. will shall be proved in the court of that county when
such mansion house, or place of residence shall be;
and if any person having no mansion house, or place of
rMtdence, within this colony, shall devise lands there*
, ^ iSf kigE.wiU* in writing, sucbwill shall be proved in the
*'Vtv court of that county wherein such lands shall iW, wd
f
OCTOBER 1748-^£dnd GEO&OE IL ^ 4S$
if such lanib lie in several counties, and tbe testator
diet in any one of them ftiis wiH shall be proved in thai
county where he died; and if^he dies ia some other
county, then in the court of one of the counties where*
in such devised lands shall lie, and not in any other
connty ; and every such will so proved, iia afbresaid^
shall he as effectual for the disposing of lands, or any
other estate, as if the same had been proved in every
county where any of the lands or estate shall be. '
U. And wliere any person sliidl depart this ltf<?, Wheteexe-
having first made a will, ami therein appointed his ex- f^J?,"'*'**^
ecutor or executors, and they shall all of them refuse ^^^JJ^ai^
the executorahip, in such case, the same court wherein win annexed
the will should have been proved, if the executors had itMMheoon»
accepte<l tlie trust, shall have power and authority to rutted,
hear and determine the right of administration, and to
graiit certificate for^btaining letters of adminutration
>¥itb the will annexed.
III. Wlien any will shall be exiiibited to be proved unieBiHUB
in the General Court, or in any county cour^ such "^ .*>«?'•-
court may immediately proceed to receive the proof ^'•**"'^^^'"**
thereof,, and to appoint appraisers to vdue the slaves
and personal estate of the testator.
IV. But where by any will the lands of the testator, where the
or any part thereof, shall be devised away from the heir at lav
heir or heirs at law, such proof, as to him, her or them, ^f^^^**^*^
Bhall not be binding, but the court shall cause such
heir or heirs to be summoned, to appear at the next
court, and to contest the validity of such will, if lie,
she, or they think fit; and if there be several heirs,
in equal degree to the testator, every such heir shall
be so summoned; and if no heir bo known to the court. Bales in eas^
or to the executors, who shall declare the same npon of several
oath, before such court, then proclamation of sw^o^^hepene
will, being exhibited and proved, shall be made by the heir^^*^
sheriff at the court house, on two successive court days, known.
and he shall also publish notice thereof, in writing, af»
flxi^ at the door of every church in hhi county, and
all persons concerned in interest, who at the time of
proving any will, shall be under tto age of one and jj^^j^^ j^^
twenty years, feme covert, non compos mentiSf impri* mi^^test
soned, or out of this colony, shall have liberty to con- a will, with*
test the proi>f thereof, witfiin ten years after thdr se '^^ ^?"*|i
veral disabilities and incapacities removed^ and sot a& i^,7idM^
terward*}. ^
456 I^WS OF VIRGINIA.
Rules incase V. And if any person having a mansion boiulef ct
^tio^*^ other known place of residence^ within this dominiofli
^ shall die intestate^ the cout*t of that county wherein
such mansion house^ or place of residence is^ shall
hear and determine the right of administration of the
estate of such intestate, and grant certificate thereof
in manner aforesaid.
VL Where the intestate had no mansion house, or
known place of abode in this colony, certificate for
obtaining administration shall be granted by the court
of the county wherein he died: If an executor or ad*
ministrator dies intestate, not having fully administer*
cd the estate of his testator or intestate, the same
court by whom certificate for probat, or administra«
~tion was granted to such executor, or administratof,
shall determine the right of administration of ttie
estate not administred, and grant certificate thereof*
lit^nteo^ VII. Jind be it further enacted^ by the autl^SrU^
lands, or ten. o^oresau/. That all devises and bequests of any lands,
**"?""?*"■* or tenements, shall be in writing, and signed by the
thtg!^*^ party devising the same, or by some other jiei-son in
How^ to be his presence, and by his express direction, and shall Ite
aUested. attested, and subscribed in the presence of the said do-
visor, by two or more credible witnesses, or shall be
wholly writ by the said devis(»i*s own hand, or else,
they sballbe void and of no effect.
Such devises Vtll And that no devise, in writing, of lands, tene-
shall remain ments, or hereditaments* or any clause thereof, shall
^^ ^"J«»*at any time afterwards be revocable, otherwise than
writing, or ^f ®®*"® *^^**^^ ^**"» **'* codicil, in writing, oi other
eancelled by writing declaring the same, or by burning, cancelling^
the devisor, tearing, or obliterating the same, by the testator him*
self^ or in his presence, and by his directions and con-
sent: But all devises and bequests of lands, or tene*
mcnts, shall remain and continue in force, until the
same be burnt, Cancelled, torn, or obliterated, by the
testator himself, or by bis directions in manner afore-
said, or unless the same be altered by some other willj
or codicil in writing, or other writing of the devisor,
signed in the presence of two or moi*e witnesses, de-
claring the same; any law, or usage, to the contrarji
notwiUistanding.
Rules con- jx. And for prevention of fraudulent practices, by
c^Uvc"'^"^^^"6 up nuncupative wills, Be it ^further emcted,^
wiUs. . . ^'^ authorUy aforesaid. That no nuncupative will shaU
OCTOBER lMS~32iid GEORGE 11. 497
be goofj, wbcro the estate thereby bequeathed, shall
exceed the value often pounds current money, that is ^
not proved by the oaths of two or more witnesses, pre-
sent at the making thereof; nor unless it be proved
that the t» stator, at the time of pronouncin/^ the same
did bid the persons present, or some of them, bear
witness, that such was his will, or to that effect; nor
unless sucJi nuncupative will were made in the time
of tlie last sickness of the deceased, and in the house •
of his or her habitation or dwelling, or where he, or
she hath been resident for the space of ten days, or
more, next before the making of such will; except
wh6re such person was surprised or taken sick, being'
from his or her own home, and died before he or she
returned to the place of his dwelling.
X. ^nd be it further enacted^ by the autlujrity afore- where they
saidf That after six months passed, after the speak- »hall not be
Ing of the pretended testamentary words, notestinumy offt>rce.
shall be received to prove any will nuncupative, except
the said testimony, or the substance thereof, wei*e com-
mitted to writing, within six days after the making
such will.
XI. And that no certificate for granting probat qf Nor tny pro.
any nuncupative will, or for administration of the es bat, opadmi-
tate, by such will given or bequeathed, shall be gran^ m^,^"*
ted by any court, 'til fourtet^n days, at th<' least, after hereon,
the decease of the testator, shall be expired; nor shall The widow,
any nuncupative will at any time be admitted ^o be^««^^^ ■^
proved, unless summons have first issued, to call in the|JJj J^ **•
widow, or next of kindred to the deceased, to the end jsHmed.
that they may contest the same if they please.
XII. Jind be it farther enacted^ by the authority a^y^tittenle^
foresaid, 1 hat no will in writing, concerning any g^jj^jf^^^'
goods, chattels, or personal estate, shall be repealed, notrevof;^-
nor shall ^ny clause, devise, or bequest therein, be air hie, except^
tered or changed, by ai»y words, or will, by word of*" wn^i??' "
mouth only, except the same be in the life of the testa-
tor committed to writing, and after the writing there-
of, read unto the testator, and allowed by him, and ^
proved to be so done by two or more witnesses.
Xill. Provided always. That any soldier being in Soldiew, or
s&ctual military service, or any mariner, or seaman ™*ri"«Wiex-
beiqg at sea, may dispose of his moveables, wages, and ^®P^*d.
personal estate, as he or they might have done before
the making of this act
K 3— Vol. 5/
45a LAWS OF YIRGINU,
Vulet in XIV* Jfnd he it farther enaciedf by the amthmif a^
SStotiow/*^^"*^^ That administration of the estate of every
person dying intestate, and administration with tlie
will annexed of the estate of every testator, whose
executor, or executors, shall refuse to prove and exe<
cnte bis will, shall be granted in manner following:
That is to say, fii*st, to the husband or wife of the de-
ceased,, and if none such, or if they refuse, then se-
condly, to the child or children, or their legal reprc*
sentatives, and if none such appear or claim, then
thirdly, to the father or mother, or if none such, tbet
fourthly, to the brothe|rs and sisters, and if none sucb^
tlien to the next of kindred to the deceased person;
Where ere- and if no will sliall be exhibited, or administration su-
dit^nj*y ed forth, before or at tlie next court held after expira^
be Miaiitted. ^^^^ ^j thirty days from any person's death, the
court may grant administration to any ci-editor or
creditors of the deceased, suing f(»r the same, or to
any other person the court in tlieir discretion sbaH
think fit.
Method to ^ V. Provided alwaySf That where it shal) i^pear
prerent to the Court, either of their own knowledge, or upon
T^* orim* application to them made by creditors, or legateesr
l>euiemeBt. ^^^ ^^^ estate is likely to be wasted, or imbezzled,
such court may, and are hereby authorised and re-
quired, to proceed immediately to grant certificate for
obtaining administration thereof*
waitmigrbc XVI. Provided also. That if any will shall be af-
2^^^?f' terwards exhibited to be proved, or any of the deceas-
tiongnoited.^ person's kindred, not having before refused, shaU
appear and pray certificate for obtaining probat or ad*
ministration, the same shall be granled in like man-
ner, as if no former administration had been granted
or obtained; nor shall any thing herein before menti-
mnpeHOT ®"^^ "^ construed, to disable any court from summon-
person to ing any person, or persons whatsoever, having the wiH
produce ^e of a person deceased, in his, her, or their custody, or
^^^dLsttuT" P^>®8^^*^"» *® exhibit the same to the court, in order
•ra deceas- ^ ^ j^j probation thereof; but the court may com-
pel such person or persons, by suipmona, or other
lawful process as they shall think fit, to produce sndi
will, that the just and legal proceedings may be had
Exeoutort 8t thereupon.
J^'rfSTbe ^^ "• ^"^ *^ itfuHher enacUd, by the authority a^
jwom. , foresaidf That before granting certificate for probit
OCTOBER lf48-^23nd GEORGE I^ 4S«
or administration, to any j>ersnn or persons whatsoever;
be, she, or they, shall pei*sonaIly, in open coart, take
«ne of the following oaths, as the case shall require,
to wit,
Ihe Oa^ of an Executor, or Mministrators with the
Will annexed.
YOU shall swear that this writing contains the true Executors
last will of the within named A. B. deceased, as far^^
as you know oi* believe, and that you will well and tru-
ly perform the same, by paying, first, his debts, and
tiien the legacies, contained in the said will, as far as
his goods, chattels, and credits, will thereunto extend,
and the law chai'ge you, and that you will make a true
and perfect inventory of all the said goods, chattels,
andcredits.
So help you Ood.
The Oath of an Administrator.
TOU shall swear that A. B. deceased, died without ^^jq^j^i^..
any will, as far as you know or believe, and that you tor^
will well and truly administer all and singular the
goods, chattels, and credits of the said deceased, aiid
pay his debts, as far as his goods, chattels, and credits
will thereunto extend, and the law require you, and
that you will make a true and perfect inventory of all
the said goods, chattels, and credits^as also a just ac-
count when thereunto required.
80 help you God.
And shall also give bond, in a sufficient sum, propor- And give
tionable to the full value of the estate, at the least, and bond and ^-
with such sufficient security of persons residing in^*"**^
the same, or any other county, as by the court shall
be approved of, and with one of the conditions follow*
ing, to wit.
Condition of the Bond to be given by Executor Sp or M-
ministratorSf with tlie WUl annexed.
THE condition of this obligation is, th^ if the a-
bove bound A. B. executor of the last will and testa- j^^^"
ment of C. D. deceased, (or administrator with the
will annexed, of all the goods, chattels, and credits
of C. D. deceased) do make, or cause to be made, a
^rue and perfect inventory of all and singular the
. goodsy'chattels, and credits of the skid deceased^ which
460
LAWS OF VIRGINIA.
' Admioistni-
tors.
The whole
penalty re-
oovenJble
thereon.
have or shall come to the hands, pessesskm, or know*
ledge of him the said A. B. or into the hands^ or po8«
session of any other person, or persons for him, and
the sauie* so made, do exhibit or cause to be exhibited
into the county court of N. at such time as he sliall
be thereto required by the said court* and the same
goods, chattels, and credits, and all other the gotnls,
chattels, and credits, of the said deceased, >at the
time of his death, which at any time after shall cone
't(> the hands, or possession, of the said A. B. or into
the hands, or possession, of any other person or per-
sons for him,' do well and tru^ administer, according
to law» and further, do make a just'and true account
of his actings and doings therein, when tiiereto requi-
red by the said court, and also do well and truly pay
and deliver ail the legacies, contained and specified in
the said testament, as far as the said goods, chattels,
|md credits will thereunto extend, according to the va-
lue thereof, and a^ the law shall charge him, then
this obligation to be void, otherwise to remain in full
force and virtue.
Coniition of an Mminisirafion Bond.
THAT if the above bound A. B. administrator of all
the goods, chattels, and credits of C. D. deceased, do
.make, &c« — [as before unto the words — when th«*eto
required by the said court,] and all the rest and reri-
due of the said goods, chattels, and credits, which shall
be found remaining upon the said administrator's ac-
count, the same being first examined and allowed by
the justices of the said court for the time bemg, shall
deliver and pay unto such person, or persons respec-
tively, as the said justices by their order or judgment
shall direct, pursuant to the laws in that case made
and provid^; And if it shali hereafter appear, that
any last will and testament was made by the said de-
ceased, and the executor or executors tiierein named
do exhibit the same in the said court, making request
to have it allowed, and approved, accordingly, if the
said A« B. being thereto required^ do render md deli-
ver up his letters of administration, approbation of
such testament being first had and made in the said
court, then this obligation to be void, fee
W hich bond shall be payable to the justices of the court
sittii^ at the time the same shall be entered into and
taken^ and their successors^ and shall not become void
OCTOBER 1748— Mnd GEORGE II 491
ppon ibe first recovery, but may be put in suit, and
prosecuted, from time td time, by and at the costs and
charges in the law of an} party orparties injured, un-
til the whole sum of the pt^alty expressed in such bond
sliall be i*ec<>vered thei*eon.
XVili. Jind be itfwrther enacted, fry the authority a- where no
foresaids I'hat if any court shall j^raut certificate for security shall
obtaining administration ot the estate of any person de- ^^ taken, the
ceased, without taking good security for the same, as-jjj*^^^* *"
by this act required, the justices granting such certifi-
cate, and every of them, shall be answerable fo^ all
loss and damage accruing for want of such security,
recoverable by action at the common law, by any per-
son or persons injured.
XIX. Frcrmded nevertheUsSf That If tlie securities But where
taken by th»^ court were go<>d, at the time of their be- ^j^^"^^.**"'
ing so accepted and taken, but afterwards become in- J^^ ^l[
solvent, in such case the justices shall not be answera- come insol-
ble: And that where any person shall be security for any \en^ the jus-
decedent's estate, or for the esuteof any orphan, and ^^J^L^
shall conceive himself in danger, by reason thereof, Ho^v^curi-
^ and petition the court for relief, it shall be lawAiI for ties may be
the said court to summon the party, witli and for '"^^^"^^^^
whom the petitioner stands bound, and to make such
order or decree thereupon, as to them shall seem just
and equitable, for relief and indemnifying of such pe-
titioner, by counter security or otherwise.
XX* Prtroidtd also. That where any testator shall in what cases
leave visible estate, more than suflicient to pay all his security not
debts, and by his will shall direc^t, that his executor qp i^q^^i^ed
executors shall not be obliged to give security,
in such case, no security shall be required of him her
or them: But where the court shall see cause, either
upon their own knowledge, or the suggestions of cre-
ditors, or legatees, to suspect any executor or execu-
tors of fraud, or that the testators persimal estate will
not be sufficient to discharge all his deb|s; in such or
the like ca84*s, the court may, if they think fit, require
such executor or executors to give security, notwith-
standing their testator's directions* to the contrary: and
if he, she or they^ shall refuse or fail to give security, Executory
when ruled thereto by the court, such refusal or fail- reiUsal to
urc shall amount to a refusal of the executorniiip; and give 8ccun-
administration, with the will annexed^ shall be commit- ^{of the ex
ted in the manner by this act before directed. ecutotship. ^
46JI LAWS OP VIRGINIA,
BxecutMi XXL Prorvidei also. That nothing herein befintr
2*y ^t«iU- ^w**"**^ ®'**'* '^ construed to abridge or restrain tbe
to?s estate pover«f executors over their testators estate, until
til probat or prohat or the wili^ OT administration with the will an*
adminittra- nexed, be obtained or granted; but they may possess
lion granted. |||emselve8 thereof, and Hi! then execute their trust, aS
fully and amply as if this act had never been made.
Rules in pro. XXII. Jnd he ttfurVitr enaetedf by the authority a^
bstsand ad* fortioidf That all probata of wills, commissions of ad-
xninistra. ministrationf or of administration with tlie will annex-
^"^' ed, issued upon certificHtes gpranted accordifig to this
actf and signed by the governor, or commander in chief
of this dominion for lie time being, with the public
seal of this colony aflSxed thereto, or signed by such o*
ther person or persons, being one or more of the ma«
gistrates in commission of the peace, as shall be there-
to authorised by the said governor, or commander in
ahief, and sealed with t^e seal of the court granting
certificate, which seal every county court is hereby im*
. ^wered to provide, at the charge of their county^
•ball be and are hereby declared to be, good and ef«
fectual in law, to impower and enable the executors,
~ Md administrators^ therein named* and every of theni»
to poiMess themselves of the estates of tlieir testators, or
• ifttestotes, by any lawful ways or means whiitsoeven
XXIII: And to the end the value of estates may be
tlie better kmiwn and a just account thereof kept
inventofy to XXIY. Bt tt^rther tmcttd^ dy tht authoritjf f^rt^
l»c returned. ,^ ij»h|^| ^l executors and administrators shall ex*
bibit a true and perfect inventory of all the estate to
bim her or them committed, to the court granting the
probat or -administration*
And live et- XXV. And that every court granting probat or ad-
t^ ^ppni^ ministration, shall then also appoint and nominate three
^ or more appraisers, in every county where any of the
testator's or intestate's slaves, goods, or chattels shall
ke, who being sworn before any one justice of their
county, truly and justly to value the estate to them pro-
duced, to the best of their judgment, shall accordingly
appraise the same, and return such appraisf ment, un-
der their hands, to the court ordering the same; and
• every appraiser shall be paid thirty pdunds of tobacco,
^^ppmicrs p^ ^^y^ for his trouble and attendance, to be defrayed
by the estate, and allowed to the executor or adminis-
trator upon pasMBgbis account; and such appratsa?
OCTOBBK ir48-..«fiid OEOEU£ IL 46»
moni may be giTen in evidence, in any action or aoitHow^ap.
brought against the executtir or adnrfnistrator, to prove S!|[*if??^?^
the value of the estate, but shall not be binding either ^^ ^^^"^
upon the executor^ administratorf creditorf or other
person whatsoever, where it shall appear^ by any o-"^
tber logal proof, that the slaves, |^ds, or chattds
were really worth, or hanajide scAd for more, or less,
than the appraisement.
XXY I. JndbeU farther en^iedf hf the mUherUf Duty of exe.
aforesaidf That all executors and administrators, aa^lSlt^'lt
eoon as conveniently the same may be done, after thejn teflin^pe*.
debts of their testator or intestate shall be fully satis- rishable
fied and paid, shall sell and dispose of all such goods Snoods.
and chattels of their testator or intestate, specific le* ^"ie, ex-
garies excepted, as are or may be liable to perish, con- cepteil.
some, or be the worse for using, or keeping, fori the
most that can be got for the same in mone>, by public
sale or auction, and shall and may, Ibr the enhancing
the price thereof, giv^ credit upon good security, for
what time such executor or administrator shall think
fit, having regard to the circumstances of the estate^
and the time when the legacies will become due, or
distribution of such estate is to be made; and wheii
such goods and chattels shall be so bena fide sold, the
executor or administrator shall be answerable for tha
value of such sale, and no more; atid in ease any ex*
ecutoror administrator shall sell goods of his testator,
or intestate, to bo paid for at a future day, the buyer
shall enter into bond to such executor or administrator,
with one or more sureties, or shall give some other suf-
ficient security, for payment of the money accordingly;
and the executor or administt*ator, after the time of
such payment is past, shall take and pursue all lawful '
ways and means to recover and receive the money, upi*
on pain*of being answerable for the same himself; and
Kthe same shall not be received, before the legatees or
other persons intituled to the distribotion tliereof shall
ftave right to demand the same, it shall be lawful for
the executor or administrator to assign such bond, or
other security, to such legatee or other person as afore-
said, and such assignment shall discharge such execn-r
tor or administrator, for so much against him or them*
XXYIL Praroidtd nevertheU$»f That if after such as-provisv.
aignment, the obligor or obligors in such bond become
"ihisul vent, 00 as tub money for wbicb anch bond or other
464 Ul^S of yiEOIMIA«
security wts given to be lost, such loss sliall lie made
good to the assignee out of tlie estate of such testator
or intestate.
XXVI 11. Provided aUop That where any testator
Mp^"° shall direct, that bis estates halfl not bfc appraiwd^ or
ment shall shall be preserved in specie, and not sold, and shall
be necessary, leave personal estate more than sufficient to pay all his
debts, nothing, in this act shall extend or be construed
to controul such last will, but the same sliall and may
be pursued and fulfilled; and the returning an invento-
And an in- ,.y „f ^\^ estate of such testator, without appraist ment,
vejuory suf. ^j^^,, ^ sufficient.
Slaves Shan XXIX. Provided alsOf That no executor or admin-
not be sold, istrator hath or shall have any power» to sell or dis-
* h^^^^not e ^^^ ^^ ^^^ slave or slaves of his testator or intestate,
nough mher^^xcept, for the paying and satisfying the just debts of
goods to pajrsuch testator or intestate, and then only, where there
ebts. ig not sufficient other personal estate to satisfy and pay
such debts; and in tliat case, it sJiall be lawful for the
executor or administrator to sell, at public auction
such or BO many slave or slaves, as siiall be sufficient
to t*aise so much money as the personal estate falls
short of the payment of the debts.
Rules con- X^X. ^nd be U further enacted^ by the auiharUt/
cerning ser- {iforesoidf That where any person^ shall die, between
vants, slaves, ^jj^ ftp^^ j^y of March, and the twenty fifth day of De-
an crops, ^j^p^jjg,.^ ^1,^ servants and slaves which such penson was
/ possessed of at the time of his or her death, shall be
continued and empl(>yed upon the plantation and plan-
tations, held and occupied by the deceased person, un-
til the twenty fifth day of December then next follow-
ing, for the making and finishing a crop of tobacco,
corn, or other grain; which crop, so made and finish-
ed, shall be assets in the hands of the executors or ad-
ministrators, after the charges oi cloathing and feed-
ing such servants and slaves, and the ex pence of tools
and utensils for them to work with, and also the quit-
rents of the land whereon they work, levies and otiier
incideat charges, shall be deducted.
K tob'e XXXL And after the said twenty fifth day of De-
deliveredup»cember all the servants and slaves of such deceased
ifterDec. 25. person shall be delivered up, to the party or parties ha-
y<Sjf weU ^*nS legal right io demand the same, and all such of
doathed. the said servants or slaves, as shall then be of the agt
OCTOBER ir4«-^f £itd OEOftGE IL ' 4«|
often years or more, shall be delivered, wetl cioathed^
at the charge of such decedent's estate.
XXXIL Frovided (UwatfSf That no executor or ad-|fdeadbc»
Brinistrator shall be answerable for any strvant or fore that
•lave, dying before the said t\iventy fifth day of Decern-^* *^^*^
ber, altho* such servant or slave be inventoried, or ap- , J'^J^bi^'
praised.
XXXIII. And for the better preservation of wills, wiUt to re^
Be xtfikTther enueted^ by the authoniy aforenaid^ That ^^n in the
all original wills sliall remain in the clerk's oflBce, a-^^**^'* ^'
mong the rwords of the respective counties wficre they
shall be proved, whereto any person may have recourse,
as to other records, e;ccept fur the time the same shall
be removed by direction of the general court; and that
to every probat shall be annexed a true copy of the will
whereupon such probat was granted.
XXXI V. And forasmuch as the preserving of neat Cattle 111101
cattle, and their increase, may be of great aavantage^«P^e'^.«d
to orphans, for the improving their lands; Be it /wr • ^JJJ^J^^L
ther enacted by the authority a/aresaidf That where a- ^^
ny person dying intestate, shall leave sufficient to sa-
tisfy his debts, besides slaves and neat cattle, the heir
at law being under age, such cattle shall be kept upon
the lands and plantation of such heir, until be shall
come of age, and he shall have the benefit of their in-
crease, and bear all loss, if any shall happen.
XXXV. Provided nevertheless^ That the administra- But if too
tor of such estate, or guardian of such orphan, in ca8entt«»««>u8
such stock grow too numerous, or if It will be to the ad^J^ °^^ ^^
vantage of such orphan, shall, and may sell such part of
8nch stock, as he shall think fit; and also that ffuchxnd the heir
heir at law shall satisfy and pay unto the other chil-ifaill he an*
dren, or such other persons as shall be intitled to ^^^^''^^
distribution of such intestate's estate, his, her or thehr ^^j^y^^'
proportionable part or paints of the value of such stocks
of cattle, as shall be left at the time of the death of such
intestate.
XXXVI. •tfnrf be it further enacted^ by the authority
aforesaid, That all and every the executors an* ad- ^^j^^J^r
ininistrators of any person or persons, who, as executor ©wn wroog^
orexebutx>i8,in hisortheirown wrong, and theexecutorans^verable
Or executors, administrator, or administrators, ^f «"y J^^^^^^'J
executor or administrator of right, who shall waste, or ^ «'*«»*.
convert to his own use, goods, chattels, or estate of his
testator or intestate, shall be liable^ and chargeable^ iH
L 3— Vol. 5.
466 I-AWS OF VIEGINIA,
the same manner, as liis or their testator or inteatali^
should or might have been.
Executors of XXXVil. And that actions of account shall and may
fuaMians, y^^ broujj;ht and maintained against tlie executors or
ants,&c.'ac. administrators of every guardian, bailiff and receiver,
coanutbie and also by one joint tenant, or tenant in common,
for receiving Ills executors or administrators, against the other, as
Sieir ^!ire ^^^^^^^ ^^^ receiving more than comes to his just share
or proportion, and against the executor or administra-
tor of such joint tenant, or tenant in common*
Executors & XXXVlll. And that ail executors and administra-
administra- tors shall be allovved in their accounts, ail reasonable
tors allow- charges and disbursements^ which they shall lay out
ance. ^^ expeinl, for selling any estate, and re< eiving the
money, upon such sale pursuant to this act; and also,
for collecting and receiving the outstanding debts df
their testator, or intestate^ and no otlier allowaHce
whatsoever,
tisuofpro- XXXIX. Ji}id be it further enacted^ hy die authoriln
*****.^ ?^' aforesaid, That the clerk of every county court shall,
^n/and"**" the months of April and October, annually, i-eturn to
how to be the secretary's office, a list of all certificates for oB*
letunied, taining probats or administrations, granted by their
respective courts, from time to time, containing
the names of the testators or iutestates, their execu^^
tors or administrators, and the names of the securi-
ties; which lists, the secretary of this colony, is hcre<*>
by required to cause to be i*ecorded in his office, al-
phabetically, in books for that purpose.
XL. JInd be it further enacted, by tlie authority atort-
^^^•J?^"-said, That whei-e any testator or intestate shall leave
niue" of IWL ^^^9 f^al or personal, of the value of one hundred
ormore,pro^ pounds current money, or more, it shalland may be
bat, or ad- lawful for the general court of this dominion, upon mo-
J^™^^^**" tion to them made, to receive the proof of such tesU-
te/by £"* tor's will, to them exhibited, and to hear and determim
general the right of administration of the estate of such inte^*.
^P«^- tate, and thereupon to grant certificate for obtaining
probat or administration, or administration with t^e wiu
annexed, as the case shall require, in the same maimer,
and with the same rules and limitations, as by this act is
before directed to be observed in the county courts: And
that all probats, and commissions of administration,
granted upon certificates obtained in the general cour^
shall be issued under the seal of this colony, and sign-
OCTOBER ir48— 22na GEORGE U. 467
^ by the governor, or commander in chief of this do-
minion for the time being, or by the president of the
council for the time being, or by such judge or judges
of the said court, as shall be for that purpose author-
ised, by commission of the said governor or comman-
der in chief, which shall be good and effectual in law,
to enable the executors, or administrators therein nam-
ed, to recover and take tlie estate of their testator or
intestate, so to them committed.
XLI. And that the forms of all oaths and bonds, by Oaths, and
this act required of executors and administrators, ^onds>Mbe-
shall be the same in the general court, a^ in the county ^^'
courts.
XLII. Provided always, That where the general ^ ***^^-
court shall grant certificate for obtainrngthe adminis-^'
tration of any estate, and shall fail to take sufficient se-
curity for the same, in such case the members of the
said court, granting such certificate and every of them,
.•hall be liable to pay all loss and damages accruing by
such failure, in the same manner as the justices of the
CQunty court in the like case should have been*
XLIIL Jnd be it further enacted, by the autJunity RepeaHag
aforesaid. That all and every other act and acts, clause,
clause and clauses, heretofore made, for or concerning
any matter or thing, within the purview of this act^
shall be, and are hereby repealed.
XLI V. And be it further enjocted, by the authority Commence-
aforesaid. That this act shall commence and be in ment of this
force, from and immediately after the tenth day of June, act.
which shall be in the year of our Lord one thousand se«.
iren hundred and fifty one.
CHAP. VL
Jin Act for establishing the General Court, and for re-
gulating and settting the proceedings therein. ^S^ ^hla
^^ act was re-
I. "WT^ OR the regular determination of suits and con- pealed by
JL troversies, and for erecting, constituting, and proclamati-
continuing such courts, as shall be competent and ne- ^^p.'g^j*
Cessary^ to hear and determine all such causes, as shall .
lie brought before tliem. Be it enacted, by the Lieuten^
unt'Chvemor, Council, and Burgesses, of this present
^feneral Assembly 9 and it is hereby enacted^by the author-
469 I'AWS OF YIROINIA.
ity of the samCf That at some one certiun ptace^ HkwM-.
ly appointed^ and at the time and times herein s^er di*
^ rectedf there shall be held one principal court of judi-
cature for this colony and dominion, which court shall
^^ ^^v^ ^^ ^"^ "® hereby established by the name of the gen-
girSu eral court of Virginia* and shall consist of his majea-
Who shall be ty*8 governor or commander in chief, and council, for
judgesthere. the time being, any five of them to be a courts and
Tv f th ^^^^ ***® hereby appointed and declared judges or jus-
to fc^ acoiurt. tires, to hear and determine all suits and controversies
which shall be depending in the said court.
The judges IL Jlml be it further enacted^ by the authority afore^
tobtWorn. gaid^ That every person who shall, from time to tiiae,
or at any time hereafter, accept the office of a judge or
justice of the said court, before his entering upon, and
executing the same, shall take the oaths appointed Co
betaken by act of parliament, and repeat and subscribe
the test, and shall also take the following oaths» to
wit,
TJie oath of a Judge of the Oen^at ComrU
YOU shall swear, that you will well and truly srr^e
Their oath, ^^^ sovereign lord the king, and his people,, in the of*
as judges office of a judge or justice of the general court of VirgU
c<»Dmonlaw. nia, and you shall not counsel, or assent, to any tfatiig
which may turn to the hurt or disheriting of the Ung,
by any way or colour, and you shall do equal law avid
execution of right to all the king's subjects, rich and
poor, without having regard to any person: Ton ahall
not take by yourself, or by any other person, any
gift or reward, of gold, silver, or any other thing, for
any matter by you done, or to be done, hy virtue of
your office: You shall not tske any fees, or other gra-
tuity, of any |)erson, great or small, except such sal-
ary as shall be by law appointed, or such salary as t|is
majesty, his heirs or successors* shall think fit to allow
you for your service: You shall not maintain by your-
self or any other, privily or openly, any plea or quar-
rel, hanging in any of the king's courts: You shall
not delay any person of common right, for the letters
of the king, his governors of this Colony, or of any o-
tlier person, nor for any otlier cause; and in case
any letf t^r rome. h\ you, contrary to ttie law, yon shall
nothing do for such letter, bnt you shall proeead tm to
JULT ir46~tOth GEORGE IL 4t»
tiie li»ir»ito sud letters notwithstunding; and finally,
in all tliini^ belonging to your said office, during your
continuance therein, you shall faithfully, justly and
traly, according to ihe best of your skill and judgment,
do equal and impanial justice without fraud.
80 help ym Ood.
The oath of a Judge ofilu General Court in Chancery. As judges in
YOU shall swear* that well and truly you will serve chancery.
our sovereign lord the king, and his pi^f^ple, in the of-
fice of a judge or justice of the genf i-al court of Virgi-
ttia in chancery, and that you will do eciual right to all
manner of people, great and small, high and low, rich
and poor, according to equity and good conscience, and
the laws and usages of this colony and dominion ef
ITirginia, without favour, affection, or partiality.
80 Mp you Ood.
Ilf. And If any person whatsoever shall presume to penalty for
«t or execute the said office, without first qualifying executing
himself as by this act required, he shall for every such this office,
offence be fined five hundred pounds currfjit money, jj^®^^'^*^**'*
one moiety thereof to our sovereign lord the king, his
Irairs and successors, for and towards tlie better sup-
port of this government, and the contingent charges
thereof, and the other moiety to the informer.
IV. J9nd be it further enacted^ hi the authority afire- Junsdictloo
Mtd, That the said general court shall take cognisance of this ooort.
of, and are hereby declared to have power and juris-
diction to hear and determine, all causes, matters, and
things whatsoever relating to or concernyig any per-
son or persons, ecclesiastical or civil, or to any persons
or things of what ^nature soever the same shall be,
whether brought before them by original process, ap-
peal flrom any inferior court, or by any other ways or
means whatsoever.
y. Provided alwayif That no person shall take ori- No original
ginU process for the trial of any thing in the general ptoceitnop
court, of less value than twenty poifnds current money, i^V°^^
or four thousand pounds of tobacco, under penalty ofthan30I.cu»>
tbe plaintiff's being non-suit^ and paying costs; nei- rent monef,
Iher shall any person be prosecuted in the said conrt ^t* 40001. to-
for breach of any penal. law, where the penalty shall ^^^'
bo less thantwenty pounds current money, or foar
tboufond pounds of tobacco*
4>o LAWS OF VIRGINIA,
Except A- VI. Prcmded aleot That any action may be com-
J"^V^^ menred and maintained in the j^neral courts by or a-
Testes. **' gainst the justices of any county court, or other infe-
rior court, or the vestry of any parish altho* the sum
sued for shall not exceed twenty pounds.
€»enenl VI L Jind be it further enacted^ by the authorittf a-
Court to be foreiaidf That the said general court shall beheld two
year ^^*^ ^times every year, to wit, one of the said courts shall
begin upon the tenth day of April, if not Sunday, and
tiien on the Monday thereafter, and shall continue to
be held twenty four natural days, Sundays exclusive;
and the other court shall begin upon tl»e tenth day of
October, if not Sunday, and then on the Monday there*
after, and shall also be held and continue twenty four
natural days, Sundays exclusive.
Bolesofcourt Vlll. And that the first five days of every general
for docket- Court be appointed for hearing and determifiing suits
ing cauies. in chancery, appeals from decrees of the county courtSt
or other inferior courts in chancery and writs of su-
persedeas to such decrees; and that the other days be
appointed for trying suits or prosecutions on behalf of
his majesty, -and all other matters depending in the said
court.
IX And that before every general court, the clerk
•hall enter in a particular docket for tfrat purpose, all
such causes, and those only, in which any issue is to bo
tried, writ of enquiry to be executed, special verdict^
case agreed, or demurrer to be argued, and all causes
setidown for hearing, or argument in chancery, in the
same order as they stand in course of proceedings; set*
ting as near as may be^ an equal number of such cau-
ses to each 'day.
Court may X. l^nroidtd alwaySf That if tlie business of the said
adjourn. court shall bc ended in less time than the days herein
before appointed, for the judges or justices to sit, it
shall be lawful for them to adjourn to the next succeed-
ing general court.
Ruie^ofinu. XI. And for the more regular prosecution and de-
ing & returns termination of suits or other processes in the said court,
6f procesB. jff^ it further enacted by the authority aforesaid, That
all original process either by writ, summons nr any o-
ther manner or means, and all subsequent process
thereupon, to bring any person or persons whatsoever,
to answer in any action, real, personal, or mixed, suit,
inibniiatioD^ biU or plaint in the general cour^ and all*
1
OCTOBER 1748~fi2iid OEOEOE U. 4T1
aUarbments awarded by the said court» at the common
law» and all subpoenas and other pfocess in chancery^
shall be sued out and issued from the secretary's office,
i-eturnable on the respective days herein after dirertedt
and shall be^krxiTsiQ by the governor, or commander in
chief for thj^ time belfig» and be signed by the clerk of
the said coui*t» and may be executed at any time before
the day of the returj^ thereof; and all surh writs ahd
process shall be returnable to the next succeeding gen-
eral court) on the several days following, to wit, all
writs and other process at the common law, shall b»
returnable to the eighth or twenty third day of the next
general court, subpcenas andail other process in chan-
cery, to the first ortwenty third day, process at the suit
of his majesty, or criminal prosecutions to the sixth
day, process on petitions for lapsed land to the seventh
day and on no other days or times whatsoever; and all
such writs or process which shall be made returnable
on any otlier days or times, shall be null and void; and
if any writ or process shall be executed so late, that
the sheriif hath nt^ reasonable time to return the same,
befoi*e the day of appearance, herein after limited, and
thereupon an alias or pluries capias, attac hment, or o«
ther process, shall be awarded, the sheriff shall not ex-
ecute such subseifuent process* but shall return the first
process by him executeil, and thereupon the plaintiff
shall dec lare, and use the same proceedings as herein
alter directed, and as if such writ or process had been
returned to the secretary's office, on or before the day
of a|>|)earance limited for the return thereof*
XII. And that all appeals from decrees in chancery, ^pp^^
obtained in any county court, or other inferior court, ^^^^
shall be made to the third day of the next general
court, and all appeals fromjudgmentsof any of the said
courts, in suits at c<»mmon law, shall beta the respec-
tive days following, to wit, from the comity courts of
Henrico, Prince George, Surry, Isle of Wight, Nan-
semond, Norfolk, Princess Ann, Albemarle, Amelia,
Brunswick, Gouchlandf Cumberland, and Lunenburg,
to the eighth day; James City, Charles City, New-
Kent, Warwick, Elizabeth City, York, Banover, and
Louisa, to the ninth day; Gloucester, King William,
King and Queen, Middlesex, Essex, Caroline, Augus-
ta, Spotsylvania, and Orange, to the tenth day; lUrh*
mond, Westmoreland, .NorthumberUnd^StaflRurd^ I
4TJ I^WS OF VIRGINIA,
caater* Fairfax, Frederick^ King George, Culpepper^
and Prince Williain to the eleventh day; Accomackt
and Northampton, to the twelfth day of the next suc-
ceeding general court; and no appeal shall be admitted
qh any other day: Appeals from such Judgments of any
corporation court, shall be to the same day as appeals
from the county wherein such corporation is; and thai
Writs of er. all writs nf error, 8upoi*sed»'as, and certiorari, shall be
for, superae- returnable to the same days respectively, as appt^ais
deas, ceptio- f^.^^^ judgments at the court of that county to which
^"*"' such writ or writs shnli be directed. And the clerk of
the court is hereby refjuirt-d to regulate the docket ac-
cordingly, proportioning; the suits and causes to such
of the said days as. will be most convenient
Process a- XIIL Jnd be it juriher enacted^ bif the authority a-
^^^^^^^' foresaid, That if any action, or other process, siiall be
ctimmenced and prosecuted against any person, being
a member of his ms^esty's council of state, within
tliisd(»ininion,|;hen instead ofotlier process which might
be legally taken in like case against any other person,
tbe clerk of the general court shall issue a summons £-
rccted to the sheriff of the county where such council-
lor usually resides, reciting the matter or cause char-
ged against him, and summoning him to appear and
answer the same, upon surh a certain day of tbe next
general court, as shall be therein mentioned; ami if
such councillor shall not appear at the day, according
to such summons, it shall be law ful for the court to a-
ward an attaclunent against the estate of such coun*
cillor, so failing to appear, and thei*eaftcr the proceeds
ings in such cases shall be in the same manner as ap-
o she *ff. ^" ^''® sheriff's returning, non est inventus, upon any
ordinary process; and in like manner process agaiw^
the sheriff of any county, shall b^ iasued and directed
to any coroner of the county where such sheriff resides*
and thereupon the like proi^eedings shall be had a^
gainst him, as are herein before directed concern-
ing a councillor: And if any councillor^ or sherifl^
shall fail to answer process in chancery, one or more
distringas shall, thereupon issue^ ta compel such de-
fendant to answer.
Appearance XIV. dnd he it further enacted, by the authority a#
in personal foresaid. That when any writ shall issue whereby tiit
vhere'nobail Sheriff is commanded to take the body of any per«on or
is reqmred. persons* t» anawnc imte any plaiuliff os phUntiffii, ia
OCTOBER 1748— 22iid UEORUE It 473
* the general court, in any personal action^ and no debt
or damages shall be mentioned in such writ, or if bail ^
shall not be by law requirablej in every or any such
case, the sheriff to ivhom such writ shall be directed,
may take the engagement of any attorney, practising
in the general court* under his hand, endorsed upon •
such writ, tliat he will appear, or cause an appeartmce
to be entered for the defendant, or defendants, within
named, according to the return of the said writ: And
such appearance sh<ill be accordingly entered with the
clerk of the court, in the secretary's office, on the se-
cond day after the end of the general court, to which
such process shall be returnable: Which said second -
day after the end of c^ry general court, shall be ac-
counted, deemed, and taken, and is hereby declared to
he the day of appearance, to all process at the common
law, or in chancery, returnable to any day of the court
next preceding; arm if any attorney, or other person
practising as an attorney, so engagingto enter, orcause Attortey eii-
an appearance to be entered shall fail so to do, he shall 5^p" and*^
forfeit and pay to the plaintiff or plaintiffs, fifty shillings ^lihg for-
current money, for which judgment shall be immedi- feitsSOs. ,
ately entered, and the plaintiff may take execution
thereupon, by capias ad satisfaciendum, or fieri facias.
XV. Jlnd be it further enadedf by the authority a- Where bail
Jbresaidf That upcin executing a^iv process^ whereup- ^^^^ ^^ '"*'
on bail shall be requirable, thesheriff shall return*^"
therewith the names of the bail by him taken, and a
Copy of the bail bond, to the secretary's office, before
the day of appearance; and if the defendant shall fail
to appear accordingly, or shall not give special bail, <" ^hat ci«e
being ruled thereto by the court, the bail so returned J^eriffliiS
shallbe subject to the same judgment, and recovery, bcTable.
and have the same liberty of defence, as the defendant
might have, or be subject to, if he had appeared^ and
given special bail; and if the sheriff shall not return
bail, and a copy of the bail-bond, or the bail so return-
ed shall be judged insufficient by the court, or the de-
fendant shall fail to ^ve special bail, being ruled there-
to by the court, then judgment shall be given against
the sheriff, in the same manner, and with the same
condition, as against the bail: And if the sheriff de-
part this life, before judgment be confirmed against
him, in Buch canse it shall be lawful to confirm suck
. M ^— Vol/ 5*
474 i^ws 0** tmamu/
jud|;nieB| against the executors^ or administratora^ ni
such sheriff; and if there shall not be any probat or
administration granted^ then it shall be lawful to coQ'*
firm the judgment against the estate of such deceased
sheriff^ and a writ of ^eri facias shall and may issue,
to si'ise and h'vy so much of his goods and chattels^
as will satisfy tiie judgment^ and every part thereof
Sheriff's Tc XVI. Provided always , That the plaintiff shall oV
inedy where j^ct to the sufficiency of the bail, during the sitting of
^djr^\iBtif.^*^ General Court, to which the writ is returnablcy
ficlcnt and at no time after; and no judgment shall be enter-
ed against the sheriff, where bail is returned, unless
such bail shaH be adjudged insufficient by the judges*
, of the Ueneral Court, at the time aforesaid; and
where the bail sbaU be adjudgied insuificientf. and ju^E-
ment shall, be given against the defendant and sheri^
the sheriff sliall have the same remedy against tbe e^
tate of such hail, as he may have against tbe defen-
dant's estate.
Whve judg- XVil. Provided alsOf That every interlocutory or
meht a^iiuit (iual jud.cment, against any defendant and the sherit|^
AerSf*"* ^^^ against any defendant and the bail, returned by tlie
bail, may be ^^''•fl^> entered or obtained before any General Court,
set aside. nixt ensuing the return of the writ upun which 8uc]i
defendant was arrested, shall be set aside, if the defen-
dant upon the eighth day of the court next ensuii^
tile return, as aforesaid, shall be allowed to appear
without ^ail, or shall put in good bail, and plesui t»
issue immediately.
Bemedyfor XVII I. And he it further enacted, b^ the auUimif
sherift; or aforesaid^ rhat in every case, where judgment shau
^ dme^t^ be confirmed against any defendant or defendants, aiut
confirmed**- ^^^ bail, or against any defendant or defendants, an4
fsinst them, tlie sheriff, or against his executors or administratorSf.
or against his estate,, as aforesaid, it shall and mar
be lawful for the court, where such judgment ahail'
be confirmed, upon motion of such bail or sherifl^ or
his exerutors or administrators, or of , any o^her per*
son on his or their behalf, to order an attachment $r
gainst the estate of such defendant or defendants, or so
much thereof as shall be sufficient to satisfy sudk
judgment and costs, and all other costs and charge
concerning the same; whicii attachment sba^l be re^
turnable to the noxt succeeding court, and thereupp»
aach estate shall by the court be condemned^ for satj^
OCTOBER ir4a— ftSo^ GfiOKCk IL J|^ft
faction of the judgment, oosts^ and charges aforesaid^
Und shall be sold as goods taken In exfcutiony by Jltri
Jacius; and out of the money arising by such sale, so
much as shall be sufficient shall be paid to .the bail^ or
sheriff^ or his executors or adminis^atora, to his and
their own proper usq, and tlie remainder, if any after
charges deducted, t<^ the person from whom the same
was attached, or his^ her, or their attorney^ pr agents
when required.
XIX. ^nd be it further enacted, by the ^aMkoritf a- Any judge of
Jbresaidf That it shall and may be |4» wful to and fyv any ^« S^"^^^
judge or justice of the General Court, and 4Hwy ^fch^^^SSJ*.
Judge or justice is hereby authorised and impoweredytiizance of
when the said court is not sitting, to take a t^ect^nt- ^>^.l* when
2ance of bail in any action in the said court depen4ini^^.^^ "•
which shall be taken de bene esse; and if the platfltiffB^t^,qJ^*^
6v his attorney shall accept to the sufficiency nS the Excepted tp.
bail so taken, notice of such exception shall be giveigi'
to the drfendant, or his attorney, at least ten days be*-
fore the next succeeding General Court, and if tlie
bail so taken shall be judgt^d insufficient by the court,
the recognizance thereof sliall be discharged, and
such proceedings shall or may be liad againnt the de-
fendant or defendants, as if no such bail had been ta-
ken; but if such bail shall be judged sufficient, or
shall not be accepted to within the time aforesaid* then
the same shall stand and be chargeable to all intents
and purposes^ as if the recognizance had been taken in ^. ^
court: And every person becoming special bail for awy spedai b Jl
defendant, or defendants, shall be liable to the judg- shall be li«-
ment given against him, her, or them, unless hb ren- We.
tier the defendant's body in execution, in discharge ^f Jf^i'-Jf^*-
his bail. upon penal
XX. Provided always. That no special bail shall Uwa, except
tic requirable in any suit brought up<>n a penal law, ^P^^^ ^^
unless by such law bail shall be expressly directed. ^mtred^'**
XXL ^nd be it further enacted, hv the authority a Kules in re-
fortsaidf That when any sheriff shall return, that he turns of
iiath taken the body of any defendant, and ( ommittcd ^^^ ^ •?•
him to prison, for want of bail, the plaintiff may pro-^g^^^f^
ceed, and the defendant shall have liberty to make de-
fence, as where an appearance shall be entered and
accepted; nevertheless such defendant shall not be
discharged out of custody^ unless the plaintiff be ruled
to accept an ajpearance^ at the next succeeding gene-
476 l-AWS OF VIRGINIA.
ral court, or by putting in good bail. And that wbcrt
any defendant, after appearance entered^ shall be in
custody of the public prison fur debtors, the plaintiff
may file his declaration, and give a rule to plead, bat
shall deliver a copy of such declaration and rule to the
defendant, or his attorney, one month at least before
expiration of the i*ule^ and if thereupon, and oath of
the delivery of such copy, made before one of the jud-
ges of the general court, such defendant siiall fall to
enter his plea, befoi*e the rufc be out, the plaintiff
may have judgment, in the same manner as is herein-
after directed upon failing to plead in any civil ac-
action.
XXII« And for tlie better ascertaining >vhat process.
Where the ^hall or may be sued out, wiiere the sheriff returns,
fenduntis that the defendant is not to be found in liis bailiwick^ -
not found. // 1^ hereby Jurllier enactedf That where any sheriff
shall make snch return, the plaintiff or plaintiffs, ia
any civil action, shall and may sue out an attachment
against the estate of such defendant, returnable as
herein is before directed for the returns of original and
other subsequent process thereupon, to foixe an ap-
pearance, or an alias, or pluries capias, if the defendant
cannot be ariM^^ted upon the alias eapiaSf or a testatum
capias where the defendant shall be removed into an-
other county, 'til such defendant shall be arrested at
th^^ election of the plaintiff or plaintiffs; and if tbe
sheriff shall nturn any goods by him attached, the
plaintiff shall file his declaration, and be intituled to a^
judgment for his whole debt, and the goods so attached
shall remain in custody of the sheriff, 'til such judg-
ment (obtained, and then be sold and disposed of^ in the
same manner as goods taken in execution upon a writ
of Jieri ficias; and if the judgment shall not besa-
tified by the goods attached, the plaintiff may have
an execution for the residue: Provided always. That
all goods so attached shall and may be replevied by
appearance and putting in good bail, if the defendant
ChitlAwry in- shall be ruled by the court to give special bail. Ani,
civil actions. i|,at where the plaintiff will proceed to the outlawry of
any defeudant, in any civil action, he may upon the
pluries capias, or capias ad satisfaciendumf returned
no'' rst inventus, sue c»ut, and the clerk of the general
cr.,: < is }.' e' ii.'i powered and required, upon request,
to issue, an exigent and proclamation, returnable ufioD
OCTOBER 1748--d2nd GEORGE IL 47^
either of tlie retorn dajrs aforesaid, to the end that
snob defendant may be outlawed thereupon.
XXIIL And for the more speedy determination ofRule«»npei'-
kll causes depending in the said court, Be it Mihtr^^l^'f^^^'
enacted, by the authoritti (foresaid. That these follow- jqoh f^^.
ing rules and methods shall be observed, to w'^t; that
in all personal actions the plaintiff shall file his decla-
ration within one month after the defendant shall have
entered his appearance, with the clerk in the secre-
tary's office, and if the plaintiff shall fail oV neglect
so to do, or if any plaintiff or demandant fails to
appear, and prosecute his suit, he shall be non-suit.
That where any non suit shall be awarded, there Non-sui^
shall be paid for the same, to every defendant or te-
nant, one hundred andjfifty pounds of tobacco, and
costs, where the defendant's or tenant's place of abode
is at the distance of twenty miles, or less, from the
place of holding the general court; and where it is
more, five pounds of tobacco for every mile above
twenty.
When the defendant has entered his appearance, pletdln^i.
and the plaintiff files his declaration, he may give a
rule to plead with the clerk of the court in the secre-
tary's office, which shall be out in one calender month
after such rule given.
That all rules to plead, reply, rejoin, or for further
or other proceedings, shall be given regularly, from
month to month, after the first rule for pleading is
expired, and shall not be out in less time than one ca-
lender month, nor shall any rule be given between
month and month to the intent that all attornies and
others, by inspecting the rule book to be kept by the
clerk of the court, may be more certainly and readily
informed what proceedings have been, or are to be, in
the several causes there depending.
That upon the expiration of any rule, judgment by judgmentb
default, or a non suit, shall bo signed by the clerk in default, or
the office, as of the preceding court, which judgment "^""^^
shall be final in actions of debt, where the debt is cer- ^^^^1^.
tain, and inother actions a writ of inquiry shall bcex-quiry.
ecuted, the next court after judgment signed in
the office, the plaintiffs attorney giving the defendant
or his attorney six days notice of the execution tliere-
0t, if the defendant lives within twenty miles of the
f 7ft I'AWS OP YIRGlKlAi
piftte where the general court shall \e Md> Md If
more than that distance^ twplve days notice*
That no issae shall be tried the next succeeding ge-
•TrittL Deral court after it is jotnedf unless ten days notice te
given by the plaintiffs attorney to the defendantf or his
attorney, before the day of trial*, if the defendant
lives within twenty mites as aforesaid, but if he Urti
at greater distance, then twenty days notice sfaaB
be given*
If an issue be not tried, or writ of inquiry executed
the next court after it is joined, or judgment by de-
fault, orinterlocutory judgment entered, nono&eof
trial, or executing such writ, need to be given; but
such, causes shall be called in the same ordfer as tiiey
stand on the docket*
Pinal judg. That when any final judgment shall be obtained out
4i^t & Uw- Qf court, the clerk shall allow a lawyers fee in the blfl
yefstee. of costs, if the plaintiff employed one| which fte te
hereby declared in all cases in the general court, to bl^
fifty shillings current money, or five hundred pounds
of tobacco, at the election of the party adjudged to
pay the same, but no surh fees shall ^e tailed agunst
executors or administrators.
• Special ver- That where a speiial verdict shall he f lOnd, 6^ cast
f^ed *^^ agreed, time shall be allowed, up6u the motion of dd-
^^ ther party, to the next general court to argi^e it, and
if any causes shall at the end of the court rehiain un-
determined, they shall be continued of course by th%
clerk to the next succeeding court, without .cidCB|[
the same in court,
ba!^^' That where a plea in abatement shall be pleaded,
in any action, and upon argument the same shidi be
judged insufficient, the plaintiff or plaintiffs, in sur|
action shall recover aii^ainst the defendant or d^ih
dants, full costs to the time of over-ruling such pleii
including the costs of that court in which such Jdea
shall be over-ruled, (a lawyer's fee only excepted)}
and that no plea in abatement, or of non estjkdum,
shall be admitted or received, unless the party o0b^
ing the same, shall, by affidavit, prove the truth titers
of; and that the plaintiff in replevin, or the defblft-
dant in any other action, may plead as many seve-
ral matters as he shall think necessary for hid d)B-
fence, so as they be not admitted to plead wtA AeiMt
to the whole.
OCTOBER 1748_2jMtd <J»EOROE IL 47f
That in all cases wk^re a fine is laid en the justi- Fines on
ces of any county courts or the vestry of any pa cou^^o^***
rish, one action may be brought against them all^^
jointly.
That for the more entire and better preservation of Reooxds cf
the records of the court* when any cause shall be fi- cwwet.
nally determined, the clerk shall eittcr all the plead-
ings therein, and other matters relating thereto, toge-
ther in a book to be kept for that purpose, so that
. an entire and perfect record may be made thereof;
and where the titleof any estate in land is determinedf
the pleadings shall be all in writing, and shall be en-
tered at large, with the judgment thereupon, in parti-
cular books for that purpose.
That for prevention of errors- in entering up the
judgments of the court, the proceedings of every day
shall be drawn at large, by the clerk, against the next
sitting of the court, when the same shall be read in
open court, and such corrections as are necessary
'made therein» and then the same shall be signed by
the secretary of this dominion, for the time beings
or his deputy, and carefully preserved among the
records.
That in all cases where witnesses are to appear be- j^^.^ ^^^
fore the general court, a summons shall be issued by wknesses.
the clerk, expressly mentioning the day and place,
when and where the wittiess shall appear, the names
of tbe parties to the suit, wherein they are to give
evidence, and on whose behalf they are summoned.
That where any witness shall be departing tliis colo- Ezaminati-
ny, or by age, sickness, or other legal disability, isonsofsucha^
rendered incapable of attending the court, the party ?*"5*^A^^^
requiring such witness's testimony, may obtain certi- J^"^^.
ficate of such departure or disability, under the hand
ef one or more justice or justices of peace, of the
county where such witness lives, which being produ-
ced to any two of the judges of the general court,
they may, at any time, upon request of either |mrtyv
order such witness's deposition to be taken, at such
time and place, and before such persons, as they shall
think proper; or where tbe court siiall be satisfied of
the disability of any witness to attend,, they may grant
such orderif they think fit, and thereupon commissions
to examine such witnesses, shall be issued by the clerk;
but the party obtaining the same^ shall give reasonable
480 LAWS OF VIRGIN lA,
notice, of the time and place of executing such commts*
sion, to the other party, otherwise the depositions ta^
ken shall be void.
Bcfiwal to That if any person whatsoever, summoned ag a wit-
ffive eri- i^^^s, upon his or her appearance before the courts or
denoe. persons commissionated as aforesaid, to examine and
take his or her deposition, shall refuse to give evidenoc^
upon oath, or being ono of the people called Quakera>
solemnly to affirm and declare, to the best of his or
her knowledge, every person so refusing, shall be com-
mitted to the common goal, tiiere to remain withoat
bail or main prize, until he or she shall give avcli
evidence. "f
Recusant That popish recusants convict thall be incapable
jynvict disa- ^q j,g witnesses, in any cause whatsoever.
witncM. ^ * % That if any person summoned to attend the g^ie-
Personssum- ral Court, as a witness, shall fail to attend according^
mon'dfailing |y, he or she SO failing, shall be fined by the said coartt
to attend. ^^^ thousand pounds of tobacco, to be paid to the partf
for whom such witness was summoned, and shall be
further liable to the action of such party, at the com*
mon law, for his or her damages: But if at the time
such witness ought to have appeared, or at tfae next
succeeding court, sufficient cause of his or ber inabiii^
ty to attend be shewn to the court, then no fine or fer*^
feiture shall be incurred by such failure.
Witness's That during the attendance of any witness at the
privilege, general court, and coming to, and returning firom
thence, allowing one natural day for every twenty oulet
such witnesses place of abode shall be distant froB the
same, no person or persons whatsoever shall serve er
execute, or cause to be served or executed upon any
witness, coming to, attending, or returning from thf
said court, any writ or process whatsoever; and if any
such be served or executed, the same shall be void^ to
all intents and purposes.
Their allow- Tfiat every witness attending upon summons shatt
be paid \)y the party at whose suit tlie summons issuedr
one pound of tobacco and a half, per mile, for coming
to the place where he or she was summoned to appear,
and the same for returning, besides ferriages, and mf
ty pounds of tobacco per day, for attenduice attlil 1m
or she shall be discharged.
That all witnesses attending tlie general court, shall
claim tlieir allowance by the clerk in the oflb:e» and
ance.
OCTOBl^R 1748— .22nd GEORGE Ih 48}
not in court, unless refused by the clerk and then th^
witness may apply to the court for allowance thereof.
That in any bill of costs there shall not be allowed
the charge of moi^e than three witnesses to the proolt
«f any one particular matter of fact^
XXI V. And to the intent that erroneous proceedings
and judgments of the inferior courts of record of this
dominion may be Corrected^ and amended, Be itjfkirthet
enaciedt by the authority aforesaid^ That where any
person or persons^ bodies politic or corporate, Shall at
any time bc^ aggrieved by the judgment, decree, pi*
-sentence, of any other court of record of this colony^
in any action or suit whatsoever, where the debt oi*
damage, or other matter recovered in such action or
suit, exclusive of the co8ts> iihall exceed ten poundd
current money, or two thousand pounds of tobacco^
or the value thereof, or where the title or bounds of
lands shall be drawn in question^ it shall be lawful for
such party or parties to enter an appeal from such
judgment, decree> or sentence, to the general court,
and to assign error in manner following, and not other-
wise: That is to say, upon an appeal in any personal ^^^ -^ ^^
action, or suit where the judgment or decree shall not peak,
exceed twenty pounds current money, or four thousand
pmmds of tobacco, the appellant shall assign error in
matter of right only, and if upon a hearing in the gen-
eral court, such judgment or decree shall appear to be
accortling to the right of the cause, thesame shall be
affirmed, notwithstanding any mispleading, or error
in matter of form.
And where the judgment or decree shall be for
more than the sums last mentioned, and not exceed fif*
ty pounds current money, or ten thousand pounds of
tobacco, the appellant may aasign error in matter of
right, and such errors in the form or manner of the
procc^ings, as were insisted upon in the court from
whence such appeal shall be made; and if such errors
shall not appear sufficient to reverse the judgnent or
decree, the same shall be <sffirmed.
And in all personal actions, suits in chancery, in-
formati(ms, or other controversies, of greater value
than fifty pounds current money , or ten thousand pounds
of tobacco, and in all real actions, of what value so
ever, the appellant may assign any errors of form or
substance*
N 3— Vol. 5.
^
482 ► LAWS OF VIRGINIA.
sututetof And that for prevention of delay by arresting judg-
i^^. ^" ments^ and vexatious appeals, the several acts of par-
fyf^, liamenty commonly called the statutes of jeofails, now
in force and use in England, shall be and are hereby 6t*
dared to be, for so much thereof as relates to any mis-
pleading, jeofail, and amendment, in full force in this
dominion also.
Damages ap. That where the defendant in any personal or mixed
on appeal!, action, or suit, shall appeal, and upon trial the judg^
merit or decree Is affirmed, the damages shall be fifteen
per cent upon the principal sum, and costs, recovered in
the county or inferior court.
And in any real action the damage shall be two thoa-
aand pounds of tobacco, over and above all costs, char-
ges, and damaees, awarded by the inferior coort.
And where the plaintiff or demandant appeals, and
the judgment or decree shall be affirmed, such appef«-
lant shall pay to the appellee fifty shillings, or five ha»-
drefl pounds of tobacco, besides all costs accruing oir
such appeal.
STo appeal. And that no appeal shall be valid, nor any writ of
writ of error, error, or supersedeas, granted or allowed for reversing
SaMoTe any judgment or decree of any county court, or other
granted in a- inferior court, in any action or suit whatsoever, wfaerB
ny caseun- the debt, damage, or other matter recovered, shall be'
rent^mow" '^* value than the aforesaid sum of ten poandsca^^
or 30001. xZ' ^^^ money, or two thousand pounds of tobacco excltt->
bacco,exclu-siie of costs, unless in such suit the title or boonds of
MTc of C06U. lands shall be in question: Mor shall any appeal, writ
where the ti.^*^ wor, or supersedeas, be granted or allowed until a
tie or bounds final judgment or decree shall be given in the coun^
of land is court, or other inferior court.
§rot^efo?J*a ^^^* And to the end that all writs of error, and s*-
fin^ ju^. ^persedeas, may be regularly obtained and issued, Bt
mentor de- it further enacted, by the authority aforesaid. That tkt
M^dind of P*"^y praying such writ or writs, shall petition tbega-
su^foi^ vernor or commander in chief, for the time being, anA
writs of er- the rest of the judges of the general court, and assign
ler, and su- error, and some attorney, practising in the general
^•"^dca^ court, shall certify under his hand, that in his
opinion sufficient matter of error is set forth «r
shewn, by the petitioner; and thereupon the govern-
or or cominander in chief, and two other of the jwigMt
may order such writ or writs to be issued, by theclerit
of the general court, or may reject the petition^ as iktf
.jg;, g^f ,
OCTOBER ir48-^22nd GEORGE IL 488
think fit; and upon granting such writ or writs^
and before issuing thereof by the clerk, such petition-
er shall give bond and security in the secretary's office:
Which bonds shall be under the like penalties and con-
ditionSf and the parties subject to payment of the like
damages and costs, as in rases of appeal.
And if upon trial of any appeal, writ of error^ or su- Judgment
persedeas, the judgment or decree of any county court,
or other inferior court, shall be reversed, the general
court shall enter such judgment, or make such decree
thereupon, as should have been entered or made in the
inferior court.
XXV L And for settling a method of obtaining writs of Certionn
certiorari, to remove civil causes from the county courts, **®^fo-^
sPT other inferior courts, into the general court, Beit^^
further enacted, by the atUberittf aforesatdf That the
party desiring such writ or writs, when the general
^ourt 18 not sitting, shall by petition to the governor or
commander in chief for the time being, and the rest of
the judges of the general court, set forth the reasons
oi bis desiring such writ or writs, and shall make oath
bef*»re a magistrate to the truth of the allegations of
Us petition, and then the governor and any other two
of thQ judges may, under their hands, order and award
such writ or writs to the party praying the same, or
may refuse such writ or writs, according as the matter
ahall appear to them just and necessary, or not; and
the clerk of the secretary's office shall carefully file
such petition and affidavit in the office; ami shall also
take bond from the petitioner, in 8ut*h penalty as shall
be directed by the governor and judges ordering and
awarding such writ or writs, and with one or more suf-
ilcient security or securities, for satisfying and paying
all sucii sum and sums of money, or tobacco, and costa,
as shall be adjudged to the adverse party, in the cause
or causes so to be removed, and thereupon the clerk
shall and may issue such writ or writs, but not other-
wise.
And that if any person making oath to the truth of ^j^^i^g^^g^
the allegations of his petition, as aforesaid, shall take a of the partf
false oath, and be thereof convicted, be shall be adjudg- ^|"^A
ed guilty of perjury, and suffer as a person convicti*d of ""^ ^'^^'
wilful and corrupt perjury: Provided always. That
the prosecution of such offence be commenced within
twelve months after the offence committed.
4S4 I-AW8 OF VIRGINIA^
This writ And that no writ or writs of certiorari whalsoef er
immted^in^ shall be granted* where the matter in dispute shall not
^Tnutter ^ ^^ originally cognizable in the general court: And
not orijBrinal- if any cause or causes be removed, or stayed by any
ly cognizable gych writ or writs, and afterwards the same cause or
»1 coiSr*' causes shall be remanded, or sent back again, by any
Causes re- writ of procedendo, or other writ whatsoever, such
manded shaU cause or causes shall never afterw^ards be i-emovcd* or
"^^dbefo^^ stayed before judgment, by any writ or writs wbatso*
judgment, ^^^^f ^ ^^ 8"*^ ^^^^ ***^"* *^® general court, or se-
cretary's oflSce.
Notice tothe And that to prevent the obtaining any writ of certi-
adTene par« orari by surprise, the pai-ty praying such writ in any
^' civil cause, shall give notice to the adverse party, of
the time oi his moving or petitioning for such writ at
least ten days before such motion or |»etttiun, and no
such writ shall at any time be granted, without produ-
cing an affidavit of such notice*
Hia>ea«cor- XXYIl. Jnd be it Jnrther enaetedf by the autioriiy
P^ aforesaid. That where any person shall be committed
in any civil action, to the goal of any counfj, or cor-
poration for any cause or matter cognizable in the
general court, it shall and may be lawfVil for such per-
son to sue out an habeas corpus, cum causa^ to remove
his or her body to the public general court priaoa, and
the cause of such commitment into the genend court,
and the clerk of the secretary's office is l^reby author-
ised and required, upon the application of any such
prisoner, to issue such writ accordingly.
XXyilL And for settling the method of and ex-
llnlet in pediting proceedings in the general court in chancery,
^iMftfittjn Be it Jnrther enacted, by the antharity t^resaid^ That
in allsuch suits the folloMring rules and methods riiall
be put in practice and observed, to wit, that the com-
plainant shall file his bill within four days after tbeday
of appearance, lliat upon the complainant's dismis-
sing his bill, 'or the defendant's dismissing the same
for want of prosecution, the complainant shaU pay costs,
to be taxed by the clerk of the court, for whicJi costs a
subpoena, or other process of contempt may issue, re-
turnable on any return day.
The complainant may amend his bill before the de-
fendant appears, or in a small matter afterwards, with-
out paying costs; but if he amend after appearaBce,
and in n material pointy whereby the def<nidaat shaU be
OCTOBER 1748— 22Bd UEORGE IL 495
Cut to any extraordinary costs^sucb costs shall bo paid
efore the complainant shall be at liberty to amend his
bill.
' If any defendant shall not appear upon attachment
returned executed, or being brought into court upon a-
ny such process^ shall obstinately refuse to answer, the
complainants bill shall be taken pro confesso, and the
matter thereof decreed accordingly.
The defendant shall put in hia answer, to be filed
with the clerk in the office, within three months after
his ap|iearance, and bill filed; at the expiration of
which time, if no answer shall be put in, tlie clerk upon
request shall issue an attachment, returnable to the
next court, atid if na answer shall be put in up^m the re-
turn of such attachment executed, the complainants
bill shall be taken pro confesso, and the matter thereof
decreed: And if the attachment be returned, not ex-
ecuted, such further process of contempt may issue, as
is issuable out of tlie high court of chancery iji England,
in like cases.
No process of contempt shall issue without oath made
of the service of the subpcena, unless the same shall be
retomed served by a sworn officer.
Evei*y defendant shall be at liberty to swear to his
answer, bffore at:y judge or justice of the gf neral courts
or before any justice of peace*
When any cross bill shall be preferred, the defen-
dant or defendants, in the first bill shall answer thereto,
before the defendant or defendants in the second bill
shril be comp«*lIable to put in his or their answer to
such cross bill.
The complainant shall reply, or file exceptions, with-
in two months after the defendant shall have put in
his answer: And if the complainant, at tiie expira-
tion of that time, shall neither reply, nor file excep*-
tions, the defendant may give the complainant a rule
to reply, with the clerk of the court, in the secretary's
office, which being expired, and no replication, or ex-
ceptions filed, the suit shall be dismissed with costs. *
If the complainant's attorney do except against the
answer of any defendant, or defendants, as insufficient,
be may file his exceptions, and give a rule with the
clerk in the office, to make a better answer, within
two months, and if before the expiration of such rule
the defendant shall put in asuffident answer, the same
486 I-AWS OF VIRGINIA,
ahall be received witlioiit Costs: But if the defendant
or defendants insist on the sufBciency of the answer, or
neglect or refuse to put in a suiticif^nt answer, or shall
put in another insufficient answer, the plaintiff may
set down bis exceptions, to be ai'gued th<- next succeed^
ing General Court, and after the expiration of such
rule, or any second insufficient answer put in, no fur*
ther or other answer shall be received, but upon pay-
ment of costs.
If any bill shall be dismissed for wantof a replication,
or other proceedings, the court if they see cause may
order the siirae to be retained upon motion and pay-
ment of costs.
And if up«m argument theromplainanrs exceptions
shall be over ruled, or the defendant's answer adjudg-
ed insufficient, the complainant shall pay to the di^en-
dant« or^he defentlant to the complainant, as the case
shall be, such costs as slia I be allowed by the conrt.
Upon a second answer adjudged insufficient, costs
shall be doubled.
If any defendant shall put in a third insufficient an«
swer, which shall be so adjudged, such defendant shall
he examined upon interrogatories, and committed 'till
he shall perfectly answer tliose inttTrogatoriea and pay
costs.
U|)on adjudging any answer insufficient, the complai-
nant may have one subpoena for costs* and another to
make a better answer, or one subpoena for costs and
to make a better answer, at his election.
If the defendant after process of contempt, put in aa
insufficient answer; which shall be so adjudged, the
complainant shall not be obliged to take out a new sub*
poena, but may go on to the attachment with proda-
mation^ and other process of contempt, as if fio answer
had been put in.
That rules to plead, reply, rejoin, and for further
proceedings, when necessary, shall be given froni
^ month to month, as is herein before directed for ruiea
in proceedings at the common law.
No defendant shall be admitted to put in arejoinder^
linless it be filed within four days alter the expiratioft
of the rule to rejoin, but the complainant may proceed
to the examination of witnesses.
. No rule to rejoin shall be given before a replicatioa
shall be filed.
OCTOBER 1748— 28nd GEORGE IL 437
After an attachment with proclamation retumedt no
plea f>r deiniirrery shall be received^ unless by order of
court} upon a motion*
Jf tiie complainant conceives any plea or demurrer to
bi' iiHug4itv either ^^^ the matter or manner of it^ he
may set it down with the clerk* to be argued; or if ho
thinks the plea good but nut true, he may take issue
upon it, and proceed to proofs^ giving notice of hearing
as aforesaid, sind if surh plea shall be adjudged false^
the complainant shall have the same advantage as If
the same plea had been found false by verdit t at com-
mon law*
If a plea be pleaded, or demurrer put in .and over-
ruled, nil other plea or demurrer shall thereafter be re-
ceived, but the defendant shall answer the allegations
of the bill.
The complainant a month after a plea or demurrer
put in, may cause the same to be set down, to be ar-
gued, but if the complainant shall not proceed to havt
the same so set down, before the second court after surh
plea or demurrer put in, the bill may be dismissed of
Course, with costs.
Upon a plea or demurrer argued, and over-ruled,
costs shall be paid as where an answer shall be judged
insufficient, and the defendant shall answer within two
months after; but if adjudged good, the defendant
shall have his costs.
If any defcndantshall obstinately insist on a demur-
rer, and refuseth to answer, where the court shall be of
opinion that sutHcient matter is alledged in the bill to
oblige him to answer, and for the court to proceed up-
on« the bill shall be taken pro confesso, and the mat-
ter thei-eof decreed.
Upon any bill filed, and before the defendant puts in
kis answer, upon oath made, that any of the complain*
Hants witnesses are aged, and infirm, or going out of
this colony, whereby the complainant thinks he is in
danger of losing the benefit of their testimony, the
elerk may issue a dedimus to take the examination of
such witnesses, de bene esse, the party taking such de-
dimus giving reasonable notice to the adverse party
•f the time and place of taking such examination.
Commissions to examine witnesses may be issued by
the clerk of the court at any time after replication fil-
ed, the party taking such comousMon giving ten days
488 l^AWS OP VIRGINIA,
notice to the adverse party of the time and place of
executing the same.
When any cause shall be at issue, and the examina-
tion of witnesses returned, if the complainant shall not
within a month thereafter, set down the cause for hear-
• ing, with the cleric in the secretary's office, the defen-
dant may have the caiise set down at his request, and
bring the same to hearing, giving the complainant or
bis attorney such notice as is herein before directed in
cases of trial at common law*
No injunc- And that no injunction shall be granted from the
tionto be general court, to stay the proceedings in any suit com-
fe^^vahie*' menced in the county court, or other inferior court un-
than an ap. l^ss the matter in dispute be of value sufficient to ad-
peaL mit of an appeal to the general court.
Py^yjgj, ' XXIX* Provided alwayst That nothing in this act
Forsuits de- Contained shall extend to any suits or controversies now
nending be- depending in, or returnable to the general court: But
ibre this act ^[^^^^ j^H ^^jts and other process at the common law, or
in chancery, and all suits* appeals, and proceedings
whatsoever, issued, granted, or prosecuted at any tims
before passing this act, and now returnable, or depen-
ding in the general court, shall and may be returned,
prosecuted, heard, and determined, in the same manner
as if this act had never been made.
Where the XXX* Jind bc it further enacted^ by the authority a-
shenftand Jijrcsuidf That the sheriff and his officers attending
tiding Uie ^^^ general court, shall be, and ai*e hereby impowercd,
court may during the sitting of the said court, from time to time
summon ju- to summon grand and petit juries, and witnesses, and
"^"«?and**'*^ execute the commands of the said court, within the
cxccutetiie ^'^J ®f Williamsburg, or other place where the gencr-
couru com- al court shall bc held, and half a mile round the same,
mands. and to make return thereof, and such return shall be
sufficient for the court to proceed thereon.
XXXI. JStnd be it further enacted, by the authority
dauiTe *^ of^t^oidf That all and every other act and acts,
clause and clauses, heretofore made, for or concerning
, any matter or thing, within the purview of this act,
shall be, and are hereby repealed*
Commence. XXXII. ^nd be it further enacted. That this act
.ment of this shall commence and be in force from and immediately
^^ after the tenth day of June, which shall be in the year
of bur lord one thousand seven hundred and fifty one*
m
OCTOBER 1749— fi2nd GEORGE IL 48g
CHAR VII.
jJn Jict for establishing county courts^ and for regnla-^ ^^"f ®*^**
ting and settling the proceedings therein.
I. T^ OR the better and more experlitious determina-
JC tion of controversies, Be it enacted by the Lieu-
tendnt' Governor 9 Counal, and BurgesseSf of tins present
General Assembly ^ and it is hereby enacted by the au-
thority of the same. That in every county of tiiis do- County
minion, a monthly court shall be held, by the justices cpuits.
thel-eof, at the several respective places already as-
signed for that purpose, or at such plaric or places as
shall be hereafter lawfully appointed, upon the days
Lerein after limited for each county respectively, and
at no other time or place: Which courts shall be call- J»i«tice8 of
led county courts, and consist of eight or more justices P^^**
of the peace, commissionated by the governor or com
mander in chief of this di)niinion, for the time bein^: pourofthem
Any four of them, one being of the quorum, shall be (one of the
sufficient to hear and determine all causes dejiending qi^opum) to
in the said county courts. be a court
II. And be it further enacted^ by the authority afore- Justices shalj
^aid. That every person so nominated and ajipoint- ^^ sworn.
cd a justice of peace, before his entering upon and ex-
ecuting the said office shall publickly in the court-house
of his county, and on a court day, take the oaths ap-
pointed, or which shall be appointed to be taken by act
of parliament, take and subscribe the oath of abjura-
tion, repeat and subs'^ribe the test, and shall also take
the following oaths, to wit.
The Oath of a Justice of the Peace.
TOU shall swear, that as a justice of peace in the Their oatli
county of in all articles in the commission
to you directed^ you shall do equal right to the poor
and to the rich, after your cunning, wit, and power,
and according to law; and you shall not be of counsel
of any quarrel hanging before you, and the issues, fines,
and amerciaments, that shall happen to be made, and
all forfeitures which shall fall before you, you shall
cause to be entered, without any concealment or im-
beziling; you shall not let, for gift or other causes,
but well and truly you shall do y«iur office of a justice
of the peace, as well witliin your county court, as with-
O 3— VoK 5.
490 J^WS OP VIRGINIA.
out; and jon shall not take any; fee^ gift» or gratuity,
for any thing to be done by virtue of your office; and
you shall not directy or cause to be directed, any war-
rant by you to be made, to the parties; but you shall
direct them to the sheriff; or bailiff's or the said county^
or oth^r the king's officers or ministers, or other in-
different persons, to do execution thereof.
80 help you Ooi.
The Oath of a Justice of the county court in Chancery.
Oftthofajuft- TOU shall swear, that|well and truly you will serre
ticc inchan-Qiii. sovereign lord the king, and his people, in the ot
^^^'^' fice of a justice in tlie county court of io
chancery* and that you will do equal right to all man-
ner of people, great and small, high^ and low, rich and
poor, according to equity and good conscience, and the
laws and usages of this colony and dominion of Virginia,
without favour, affection, or partiality.
60 help you Ood.
^gj^^^^^ And if any person whatsoever shall presume toexc-
the office ^^^^ ^^^ ofBiCQ of a justice of peace, without first qual-
whhoutbe- ifying himself in the manner by this act before reqai-
f"S*^2^i ^^* **® shall, for every such offbnce* forfeit and pay
forfeit 8091. ^jij,^ hundred pounds current money, one moiety to
his majesty, his hoirs and successors, towards the bet-
ter support of this government, and the other moiety
to the informer; to be recovered by action of debt in
any court of record of this dominion.
J{I. 4nd he it further enacted^ by the authority a-
Count3r foresaid^ That the said county courts shall be constant-
(sourt ^yt, ly ii^jii every month, upon the days hereafter specified^
for every county respectively, that is to say, for tlic
county of Accomack on the last Tuesday, Albemarle
on the second Thursday, Amelia on the fourth Thurs-
day, Augusta on tlie third Wednesday» Brunswick on
the fourth Tuesday, ChArIrs City on the first Wednes-
day« Caroline on the second Thursday, Elizabeth City
on the first Tuesday, Essex on the third Tuesday, Fair-
fax on the third Tuesday, Frederick on the first Tues-
day, Gloucester on the fourth Thursday, Goochland on
the third Tuesday, Uanoveron the first Thursday, Hen-
rico on the first Monday , James City on the second Mon-
day, Isle of Wight on the first Thursday, King & Queen
on the second Tuesday, King William on the third
'I'hursday, King George on the first Thursday, I^ancas-
ter on the third Fridayf Louisa on the fourth Tuesday^.
OCTOBEB lf4S-^92iMl GEORGE II^ 49i
Lunenburg on the first Tuesday, Middlesex on the first
Tuesday, Nansemond on the second Monday, New-
Kent on the second Thursday, Norfolk on the third
Thursday, Northampton on the second Tuesday, Nor-
thumberland on the second Monday, Oran^ on the
fourth Thursday, Princess Ann on the third Tuesc^ay,
Prince George on the second Titesday, Prince William
on the fourth Monday, Richmond on the first Monday,
Spotsylvaniaon the first Tuesday, Stafford on the second
Tuesday^ Surry on the third Tuesday, Warwick on the
first Thursday, Westmoreland on the last Tuesday, and .m<^
York on the third Monday of every month: And every menJtocouit
adjournment shall be to the next succeeding court in in eoune.
course, and not otherwise.
IV. Provided nevertheless^ That if tlie business of But may btf
any of the said courts cannot be determined on the court ?^*^**L,
day, the justices may adjourn from day to day, until all da^tiU^ail
causes ami controveraies, then depending before them, ouiies ute
shall be heard and determined^ or otherwise continued <^temined
in the manner herein after directed. orcontmued,
y. Jnd be itjurther enacted f by the authority afore- juriKBction
saidf That the justices of every county court, or any of the courtv
four of them, as aforesaid, shall and may take cogni-
zance of, and are hereby declared to have power, au-
thority, and jurisdiction, to hear and determine aH
causes whatsoever, attlie common law or in chanceryr
within their respective counties, except such criminal
causes where the judgment upon conviction, shall be erimiMlcuK
for the loss of life or member, and except the prose- tea touching
cution of causes to outlawry against any person or per- Jjfe o^"^*"*-
sons, and except also, all causes of less value than ^ ^J^^
twentv five shillings cuiTent money or two hundred ij^,^ ex-
pounds of tobacco, which said causes, , under twen- capted.
ty five shilfings, or two hundred pounds of to- ^*?*^^"" -
bacco, arc hereby declared to be cognizable, and^^'^^tjl^
finally derminable by any one justice of the bacco» de-
peace, wbo may give judgment, and thereupon award terminable
execution against the goods and chattels of the debtor, |^^^*^
or party against whom such judgment shall be given, ^ut he may
which shall be executeil and returned, by the sheriff or net issue ex«
constable to whom directed, in thesamemanner as other ccution a-
writs of fieri facias are to be executed and returned; fjljl^
but no execution shall be by him granted against tha
body of the defendant.
492 LAWS OP VIRGINIA,
VL And be it further enactedj by the avihorily afore-
said, That it shall be lawful for any justice of
peace, uiion complaint to him made by any pei*son9 that
his debtor is removing out of the county privately, or
absconds and conceals himst If, so that the ordinary
prticessof law cannot be served upon him, to grant an
attachment against the estate of such debtor, or so
Attachment, much thereof as shall be of value sufficient to satisfy
the debt and costs of such complainant; which attach-
ment where the debt or demand shall be of the value of
twenty five shillings current money, or two hundred
■ How to be P*^""^s of tobacco, or upwards, shall be returnable to
directed, «x- the next County court, and directed to, and served by
eciited, and the sheriff, or his under sheriff, unless in cases where
returned. t4)e sheriff is a party interested, and then the same shall
be flirected to and served by a coroner; and it shall be
lawful for such sheriff or officer to serve and levy the
same, upon the slaves, goods and chattels of the party
abs( onding« wherever the same shall be found, or in
the hands of an} person or persons indebted to, or ha-
ving any rffects of the party absconding, and to sam-
^ mon such garnishee or garnishees, to appear at the
next^ourt to be held for the said county, there to an-
swer upon oath, what he or she is indebted unto such
party, and what effects of such party, he or she hath in
his or her hands, or had at the time of serving such at-
tachment, which being returned executed, the court
may thereupon compel such garnishee to appear, and
answer as aforesaid*
But bond & VII. Provided ulwaySf That every justice of peace,
seciintyshaU before granting such attachment, shall take bond and
bythclu*.^" 8« curity of the party for whom the same shall be issu-
lice, and re- ^^f >n double thi sum to be attached, payable to the
turned to defendant for satisf^^ing and paying all costs which
court, other. ^\^^\\ bo awarded to the said defendant, in case the
tachment** plaintiff, suing out the attachment therein mentioned,
void. shall be cast in his suit, and also all damages which
shall be recovered against the said plaintiff, for his su-
ing out such attachment; which bond shall be by the
same justice returned to the court to whi( h the attach-
ment is returnable, and the party intituled to such
cciSts or damages, may thereujion bring suit and reto-
ver; and every attachment issued without such bond
taken, or where no bond shall be returned, is hereby
^ declared illegal and void, and .shall be dismissed*
■!»PPi
OCTOBER 1748— 22nd GEORGE II. 493
Tin. Provided also. That all attachments shall be AttaclunentB
repleviable by appearance, and putting in good bail, if f«pl«^^i»l>le
by the court ruled so to do, or by giving bond with J[J^^£^*2i,
good security, to the sheriff or other oflicer serving or security',
thesame^ which bond the sheriff or other oflScer is^"»'app«M'-
hereby inipowered and required to take, to appear at*"^®'
the court I0 which such attachment shall be returna-
ble, and to abide by, and perform the order and judg-
ment of such court.
IX. Jnd be it further enactedf by the authority afore- Rules^ where
said. That upon the defendant or defendants replevy- ?^**"5^ ^
ing any attached effects, by giving bond and security ^^J^^*^'
to the sheriff, or other officer, as aforesaid, the she-
riff shall return the name of the security by him so
taken, and if such ser4irity shall be adjudged insuffi-
cient by the court, and if the defendant shall fail to
appear and give special bail, if thereunto ruled by the
court, such sheriff and security, shall be subject to the
same judgment and recovery, and have the same liber-
ty of defence and relief, as if such security had been
taken upon the execution of mesne process.
X. Jind be it further enacted, by the authority a- Method of
foresaid. That it shall be lawful for any creditor, prosecuting
where his debt doth not exceed five pounds current *"*«^"*«'*^
money, or one thousand pounds of tobacco, to go l>e.f^Jj^*^^^
fore any justice of peace of the county where his debt- bacc<i or ud-
or resides, and make oath, how much is justly dueder.
to him, and that he has grounds to suspect, and verily
believes, that such debtor intends to remove his ef-
fects; and thereupon such justice shiUI issue an at-
tachment against the estate of such debtor, returna-
ble to his next county court, directed to all sheriffs and
constables within the colony of Virginia; and by vir-
tue thereof, it shall be lawful, as well for the sheriff,
or any constable of the county where such attach-
ment shall be obtained, as for the sheriff or any con-
stable of other counties, to pursue and seize such ef-
fects, and to make return of such attachment to the
court where the same shall be returnable, and thereup-
on such proceedings shall be had, without a petition,
as in other cases of attacliment.
XI. And upon complaint made to a justice of peace, vvhere un^
that any person indebted to the complainant, in anyder^Ss. or
less sum than twenty five shillings current money, or ^OOL of to.
two liundred pounds of tobacco, is removing out of the **^®
494 LAWS OF VIRGmiA,
ix)ufity privately^ or 90 absconds or conceals himsdf
that a warrant cannot be served upon hiniy it shall be
lawful for such justice^ taking bond and security, as
in this act is before directed, to grant an attachment
against the estate of such debtor, or so much thereof
as shall be of value sufficient to satisfy the debt and
costs of the party praying such attachment, directed
to the sheriff or any constable of his county, and re-
turnable before himself, or any other justice thereof,
who shall and may proceed thereupon, as upon an at-
tachment returnable to the county court
attSun^^^ XII. And if any attachment, returnable to tho
is not peplc county court, or before a justice of peace, shall be
Tied, the returned executed, and the goods or eflTects attached
plaintiffshtn ghall not he replevied as this act directs, the plaintiff
ment.*^ * shall be entitled to a judgment for his whole debt, and
may take execution thereupon^ and all goods and ef-
fects attached, and not replevied as aforesaid, shall
be sold and disposed of for and towards satisfaction of
(he plaintiff's judgment, in the same manner as goods
taken in execution upon a writ of Jieri facias: And
where an attachment shall be returned, served in the
hands of any garnishee, it shall be lawful, upon his or
her appt^arance and examination, in the manner by
Jad^ent a., tliis act before directed, to enter up judgment, and a-
gainst gar- Ward execution against every such garnishee, and gar-
nishee, nishees, for all sums of money or tobacco, due fh)m
him, her, or them, to the person absconding, or in
his, her, or their custody or possession, for the use of
such person, or so much thereof as shall be of value
sufficient to satisfy the debt and costs of the complain-
ant: And all goods and effects whatsoever, in the
hands of any garnishee or garnishees, belonging to
such absconding person, shall be liable to satisfy suck
judgment.
Method of is. XII F. Jin d be it further enactedf by the authority a-
«uing,^execu-yorcssai{/. That all original process, by writ, summons^
ting, and re- petition, or any other manner or means, and all sub-
cete!"^ ^^' 8^qM®"t process thereupon, to bring any person or per-
sons to answer, in any action, real, personal, or mix-
ed, suit, information, bill, or plaint, in any county
court, and all attachments awarded by the said courtSf
at the common law, and all subpoenas, attachments,
and other process in chancery, shall be issued and bear
teste, by the clerk of erery county coupt respectively.
~-M5P^SHHil!PP
0C1X)BER ir48_2f nd GEORGE U. 495
returnable fo the next succeeding court» and shall be
executed three days at least, before the day therein
mentioned for the return thereof; and if any process
shall be delivered to the sheriflTor oflScer, so late that
be cannot execute the same three days before the re-
turn day, such process shall not be execi^tedf but the
officer shall return the truth of the case; and if any
original process be taken out within three days before
the next court day, such process shall be returnable to
tlie next court after the said three days, and not o-
therwise; and all process issued or returnable in other
manner, than is herein before directed, shall be null
and void.
XIY. Provided neveriheUss, That any justice or Criminal e«v
Justices of the peace, by his or their warrant, may Kaew^pted.
cause any traitor, felon, pirate, rioter, breaker of the
peace, or other criminal offender to be apprehended
and brought before the same, or some other justice or
justices, or before the next county court, altho' there
be not three days between the execution of such war-
rant, and the return thereof.
XY. And be U further enacted, by the authority a. proccis a-
foresaid. That process against any member of hisgunstacoan-
miyesty's council, or the sheriff of any county, with- ^ororAtr^
in this colony; and the proceedings thereupon, shall e^uS^t"
be after the same manner in the county court as in the
general court.
XV L ^nd be it further enacted, fry the authority a-BaXL
foresaid, lliat upon executing^ any process, where-
upon bail shall be requirable, the sheriff shall return
therewith the names of the bail by him taken; and if
be shall not return bail, or the bail returned shall be
judged insufficient by the court, or the defendant shall
fail to appear, or to give special bail, when ruled there*
to by the court, such sheriff or bail shall bo subject to
the same judgment and recovery, and shall have the
aame liberty of defence, relief and remedy, as in like
'Cases is by law provided in suits depending in the ge-
neral court*
XYII. And that upon appearance of the defendant . , k ^>
in any personal action, where the plaintiff shall move,®P^ *
that the defendant may be held to special bail, the
Court may, if they see cause, rule him to give bail ac-
cordingly, or commit him in custody of the sheriff till
SQCh bail be given; and the person and persons^ be-
496 LAWS OF VIRGUNlA.
coining special bail, shall be liable to the judgment and
recovery against such defendant^ unless he render his
body in execution in discharge of his baih
No bail in Provided always. That no special bail shall be
prosecutions requirable in auy suit brought upon a penal law,
upon pens! unless by such laWf bail shall be expressly directed.
^^JV^ XVllI. And for the better ascertaining what pro-
^Jl^^^ cess may be sued out where the sheriflT returns, thai
defendant is the defendant is not to be found in his bailiwick, Iti$
not found, hereby further enacted by the authority aforesaid, That
where any sheriflT shall make such return^ the plaintiff
or plaintiflTs, in any civil action, shall, and may sue out
an attachment against the estate of such defendant, re-
turnable as herein before is directed for the returns of
original and otiier subsequent process, thereupon to
force an appearance, or an alias, or pluries capias, at
the election of the plaintiflT or plaintiflTs, and if the
sheriflT shall return any goo<ls by him attached, the
plaintiflT shall file his declaration, and be intituled to a
judgment fur his whole debt, and the goods so attached
shall remain in custody of the sheriff 'til such judg-^
ment obtained, and then be sold and disposed of in the
same manner as goods taken in execution upon a wrti
of fieri facias; and if the judgment shall not be sa*-
tisfied by the goods attached, the plaintiff may have an
execution for the residue.
Provided always. That all goods so attached shall
and may be replevied by the defendants giving bond
and security, to the sheriff or other officer, attaching
the same, in like manner as by law is directed on the
execution of mesne process, or by the defendants ap-
pearance, and putting in good bail, if ruled by the court
to give special bail.
XIX. And for the regular prosecution and determi-
nation of suits, entering Op the judgments, and preser-
vation of tlie records. It is hereby further enacted. That
the following rules and methods shall be observed, to
Boles in pro- wit, that tlie plaintiff or demandant in any suit shall
^edingsat f^]^ hjg declaration before or at the first calling of the
^^ common ^^gg in court, and that no incipitur shall be filed or
received in lieu of a declaration.
Non-suit That if the plaintiff or demandant fails to file bis
declaration, or to appear and prosecute his suit^ be
shall be non-auit.
6CT0BER ir4S— 22nd GEOHGE U. 4^
l%at upon every non suit live ahillings shall be paid^ ^ ^ <^<Mt0.
besides cost^ of suit.
That every fh^rendant or tenant shall file his plea in
writing* and if he fails so to do, judgment shall be gi-
ven against him for want of a plea;<but no plea in a-
batement, or of non est factum^ shall be received or ad-
mitted in any cause depending in any county court,
vnless'the party offer ing the same shall by affidavit,
prove the truth thereof, and the plaintiff in replevin, or
the defendant in any other action, may plead as many
Several matters as lie shall think necessary for his
defence, so as they be not admitted to plead and demur
to the whole.
That in every cause unless brought by petition, if
the plaintiff recovers, or is non-suit or where his suit
«haH be dismissed, or judg4nent passed for the defen-
dant, the court shall allow in the bill of costSr fifteen Lawyer's^;
shillings; or one hundred and fifty pounds of tobacco,
for an attorney's fee, i( the pai*ty employed oner except ExceptidSh.
against executors or administrators, or wh^re the
plaintiff may not recover mt)re costs tlian damages.
That in all cases whei*e a fine is laid upon the mem- Sults^agtiiut
bers of any vestry, one action may be brought against ^c**"^*-
them all jointly.
That the clerk of the court do carefully preserve the Rules of
declarations, pleas, evidences, and all other papers re-<^urtv
laiifig to any cause in court, and that they be all filed ^
together in the office.
That in all cases where the title or bounds of any es-
tate in land is determined, the pleadings shall be all in
writings and vhali^ be entered at large, with the judg-
ment thereupon, in pai-ticulaf books kept for that pur-
pose only^
And that for preventing erroiti in entering the judg-
ments of the courtr the justices, before every a(journ-
ment, shall cause the minutes of their proceedings to
be publirkly read, by the clerk, and corrected where
necessary, and then the same shall be signed by the
first justice in commission then sitting, which minutes
so signed shall be taken in a book, and carefully pre-
served among the records, and no proceedings or judg-
ments of any court shall be of force, or valid, until tM
yame be so i*ead and signed.
p 3— 'Vol. 5.
498 l^AWS OF VIRGINIA,
Suiu shall XX. And for prevention of delay and vexation, by
w°Jiitoffom *'''**^'^''^ pleas, It is hereby further enacted. That in all
an o ®""- pepgQp^i a^^tjo^g^ where tiie declaration shall plainly
set forth suiBrient matter of substance for the court to
proceed upon tiie merits of the cause, the suit shall
not abate for want of form: And that where a plea
Costs upon ill abatement shall be pleaded. In any action, and upon
ment'^over-'^'S""*^"* ^^ ^^^^ ^*****' ^^ adjuilged insufficient, tlio
ruled. plaintiff or plainliffs in such action shall recover against
the defendant or defendants full costs, to tlie time of
over-ruling such plea, iucluding the costs of that courts
a lawyer\s fee only excepted.
M th d f XXI. Jnd be it further enacted, by the aviihoritii B-
recovering foresaid. That for the more speedy recovery of small
debts of 25s. debts, It shall be lawful fot^.the justices of any coan-
'to5l. bype- ty cout't to hear and determine all suits brought for
iition. j^jiy ^jgjj^ ^^ demand, due by judgment, obligation, or
account^ for any sum or sums of money, or tobacco, of
the value of twenty five shillings current money, or
two hundred pounds of tobacco, and not exceeding five
pounds of like money, or one thousand pounds of tobac-
co, by petition, without the solemnity of a jury; and
tlie said justices are hereby authorised and required,
and shall have full power and authority so to do, and
to award execution thereupon: And where the de-
mand shall not exceed the said last mentioned Bums, the
plaintiff shall proceed by [letition, in the manner by
Ptaintiff* pro- this act directed, and not otherwise: And if any plain-
ceeding:o. tiff shall demand a greatet* sum, on purpose to evade
shaU^Tnon-*'*'^ act, he shall be non-suit, and pay costs: And that
suit the said method of proceeding shall be in a summary
way, to wit,
Ruks insults The petition shall express, whether the debt arises
brought by by judgment, obligation, or other specialty, or by ac-
getition. count, and if by a< count, the same shall be filed to*
gether with tlic petition.
Upon filing any such petition in the clerk's office, a
summons of course shall be issued, under the band
of the ( lerk, returnable to the next court, a copy of
which, together with a copy of the petition, and of tiM
account, wliere the demand is upon an account, shall be
delivered to the defendant or left at his or her usual
place of abode, ten days at least before the next suc-
ceeding court, and the same being returned executed.
OCTOBER 1748— d2iid GEOEUE IL 4&9
^ by a sworn officer, or oath made of the due service
thereof, if the defendant do not then appear, it shall
be lawful for the said justices to hear and examine in-
to the truth of the matter complained of, and to deter-
mine the cause upon the evidence produced, or to dis-
miss the petition, as to them shall seem just; and if the
defendant do appear upon such summons, he shall
fortliwith put in such answer, or plea, thereto, as will
bring the matter of complaint in issue, and th'ei*eupon,
or if he fails to plead, tlie court shall instantly proceed
to hear and determine the cause in a summary way,
upon such evidence as shall bo given, and shall give
judgment according as the very right of the cause and
matter in law shallappear unto them, without regard
to form, or want of form, in the process, petition, or
course of proceeding, so as sufficient matter be set
forth, whereu|K>n the court may give judgment accor-
ding to the very right of the cause; in which prot-eed-
ings the defendant shall have heneftt of all matters in
his defence that.he might have had if he had been su-
ed in the ordinary forms of law: And the court shall /^^ ^^^
not admit of any^delay, in the determination of any suit ^j^ of dday!
brought by i>etition, 'till another court, unless good cause Bonds for
be made appear for such delay: But where the ftenal- more than 51.
ty of any bond or obligation for debt shall exceed fiveP^"*][^y^*JJ^
pounds current money, or one thousand pounds of to- ^^ by action
bacco, and shall be put in suit, the same shall be brought at common
and pi*osecuted by action at the common law, and noti*^- Sura-
by petition altho' part of the principal be paid hefore ^JJJ^'j^^'Jg^^
suit brought: And when any such petition shall be days before
filed within less tlian ten days before the court day the next
next following the filing thereof, the summons there- ^bSTb^re
upon shall be made returnable to the next court held turnableto*
after the expiratitm of ten days:' And the same being the court
returned executed, or oath made of the due service ««* •ft"'-
thereof, as aforesaid, the proceedings thereupon at
the return day, shall be in like manner as before di-
rected: And that upon every judgment given upon a-
ny such petition, if the defendant resides in another
county than where the debt was contracted, or if tlie Lawycr'sfce.
creditor, or plaintiff, shall be unable to attend the court ^
in person, or where the defendant is sued out of his
county and recovers costs against the plaintiff, in any
surh case, if a lawyer shall be employed, the clerk shall
taX| in the bi|) of cpsts, seven shillings and six pence,
M^ LAWS OP VIRGINIA,
for a lawyer's Tee, and no more, except against ex^ecn-
tors or administrators.
Detinue, and XXII. And for preventing expenre and delay in pro-
S!v^ue ilhiai^^^"^'"^ actions of detinue, or trover, fir any thing un-
be brouriit *J^r the value of five pounds* Be itjurther enacted by the
4>7 petiuon. authority uforesaidf That where any jierson intituled
to an action of detinue, or trover shall set forth the val-
ue of the thing demanded to be under that sum, in a
^petition to any county court, a summons shall issue,
and tlie court shall hear and determine the same in
^he method by this act directed for the recovery of
small debts; and If in any such action the ^aintilT
shall declare for any thingofless value than fivepounds,
exclusive of damages^ h^ shall be non-suit.
Rules in pe- XXIll. And for the easier, speedier, and better ad-
nalsuitsnotvancemcnt of justice, in obtaining jud^u^ments in any
oMWOL^to-^"'^ or action brought upon any oif the penal laws of
li*coa.j tliis colony, where the penalty sued for shall not exce^-i
five pounds current money, or one thousand pounds of
tobacco, Be it f wither enacted hy tlie authority afort*
f saidt That where any demurrer shall be joined and en-
tered in,any such suit or action, in any court of record
of this dominion, the judges shall proceed and give
judgment according to the very r^ghtof the cause, and
as the matter in law shall ap]>ear untQ them, without
regarding any imperfection, omission, or defect in uny
writ, return, plaint, declaration, information, <ir other
• 11^ pleading, process, or course of proceeding whatsoever,
except those only which the party demurring shall s|)C-
cially and particularly set down and express, together
with his demurrer, as causes of the same, not withstand
ding such imperfection, omission, or defect might have
heretofore been taken to be matter of substance, so as
sufficient matter appear in the said pleadings, upon
which the court may give judgment according to tlic
very right of tlie cause: And that if any verdict shall
be given in any such action, or suit in any court of re-
cord of this dominion, the judgment thereupon shall
not be stayed, or reversed, for or by reason of any de-
fault in form* or want of form, in any writ original or
judicial, or by reason of any imperfect or insufiiciei^t
return of any sheriff, or other officer, nor for any in-
sufficient pleading, or mis-joining the issue, nor for anj
matter of the like nature; nor shall any judgment giv-
en on a|iy verdict in such suit, or action be reversed for
OCTOBER 1748_2Snd GEORGE II 501
4iny (he defects or causes aforesaid, any law, statate ^
or usage to the contrary notwithstanding.
XXIV. And be it further enacted, by the authority Suits shall
aforesaid^ That no process depending in any county "**^ ^*^ ^f:
court* shall be discontinued for or by reason of the jus ^e ju»itc<»^
tices failing to hold court, upon the day by law ap- failing to
]K>inted; but in such case, all suits, process, matters, bold court'
and things depending, shall stand continued, and all re-
turns and appearances shall be made, to the next suc-
ceeding court in course, in the same manner as if such
succeeding court had been the same court to which
such process stood continued, or such returns or ap-
pearances should have bfen made: And all recogni-
sances, bonds, and obligations, for appearance, and all
returns, shall be of the same force and validity, for
the appearance of any person or persons at such suc-
ceeding court, and all summonses for witm^sses as ef-
fectual, as if the next succeeding court had been ex-
pressly mentioned therein: And all causes depending
upon the docket, and undetermined at any adjournment
to the court in course, shall stand continued in the
same order to such court, without any fee to the clerk
for the continuance of such as shall not then "be called
over.
XXV. And be it further enactedf by the authority a-
foresaid^ That in all suits in the county courts in chan-
cer}', the following rules and methods shall be put in
practice and observed, to wit.
The complainant shall file his bill on the i^pturn day Rules in
€if the subpoena or upon the first appearance of the de- chanceiy.
fendant,
I'hat upon the complainant's dismissing his bill,
or the defendant's dismissing the same for want of
prosecution, the defendant shall recover his costs.
The complainant may amend his bill before the de-
fendant appears, or in a small matter afterwards, with-
out paying costs, but If be amend, after appearance,
and in a material point, whereby the defendant shall be
put to any extraordinary costs, such costs shall be paid
before the complainant shall be at liberty to amend his
1>ill.
If any defendant shall not appear upon attachment
returned executed, or being brought into court upon a-^
fiy such process, shall obstinately refuse to answer the
soft 1-AWS OF VJRGENIA.
complainant^s bilU such bill shall be taken pro con&s-
SO9 and tiie matter thereof decreed accordin,^ly.
The defendant shall file his answer at the next coaK
after his appearance, and bill filed, and if no answer be
then putin, an attachroent shall be awarded, returnable
to the next court, and if no answer be put in upon re-
turn of the attachment executed, the complainant's bill
shall be taken pro confesso, and the matter thereof de-
creed.
And if the attachment be returned not exe^^uted, an
attachment with proclamation shall be issued, and if
upon the return thereof no answer shall be put in, tbe
complainant's bill shall be taken pro confessof and tbe
matter decreed as aforesaid.
^]o process of contem)>t shall issue without oath
made of the service of the subpcena, unless tbe same
be returned served, by a sworn officer.
Every defendant shall be at liberty to swear to his
answer before any justice of peace.
When any cross bill shall be preferred, tlie defen-
dant or defendants in the first bill shall answer there-
to, before the defendant or defendants in the second bill
shall be compellable to put in his or their answer to
such cross bill.
The complainant shall reply, or file exceptions, at
the next codrt after the defendant's putting in bis an-
' swer, and if the complainant shall not then reply, nor
file exceptions, his bill shall be dismissed with costs.
When the complaint files exceptions against tbe
answer of any defendant, or defendants, as insufficient,
if the defendant puts in a suMcient answer at the next
court* the same shall be received without costs: But
if the defendant's attorney insists on the sufficiency qf
the answer put In, and neglects or refuses to put in a
sufficient answer, or shall put in another insufficient
answer, the plaintiff may set down his exceptions, to
be argued the next court, and after exceptions so filed,
- or any second insufficient answer put in, no* further or
other answer shall be received, but upon payment of
costs.
And if upon argument the complainant's exceptions
shall be over-ruled, or the deft ndenf s answer adjudg-
^ ed insufficient, the complainant shall pay to the defen-
dant, or the defendant to the complainant, as the case
sliall be, such costs as shall be allowed by the court.
OCTOBER 1748— 22nd GEORGE 11. 503
Upon every second drthird answer adjudged insuffi-
cient, costs shall be doubled*
If any defendant shall put in a fourth insufficient
answer^ which shall be so adjudged, such defendant
shall he examined upon interrogatories, and commit*
ted, Uil he shall perfectly answer those interrogatories
and pay costs.
ir the defendant after proreas of contempt put in an
insufficient answer, which shall be so adjudged, the
complainant shall not be obliged to take out a new
subpoena, but may go on to the attachment with pro-
clamation, as if no answer had been put im
Where the complainant conceives sufficient matter to
be confessed, by the defendant's answer, he may set
down the cause for and proceed to hearing.
No defendant shall be admitted to put in a iTJoinder,
unless it be filed at the next court after replication
put in, but the complainant may proceed to the exam-
ination of witnesses.
After an attachment with proclamation returned, no
plea or demurrer shall be received, unless by order of
court, upon motion.
If the complainant conceives any plea or demurrer
to be naught, either for the matter, or manner of it^
he may set it down, to be argued; or if he thinks the
pica good, but not true, he may take issue upon it, and
proceed to proofs; and if such plea shall be adjudged
false, tlie complainant shall have the same advantage
as if the same plea were found false by verdict at the
common law.
If a plea be pleaded, or demurrer put in, and over-
ruled, no other plea or demurrer shall thereafter be
iTceived, but the defendant shall answer the allega-
tions of the bill.
The complainant, at tlie next court after a plea or de-
murrer put in, may have the same set down, to be ar-
gued, but if the complainant shall not proceed to have
the same so set down, at the second court after plea or
demurrer put in^ the bill may be dismissed of course^
with costs.
Upon a plea or demurrer argued and over ruled,
costs shall be paid as where an answer shall be adjudg-
ed insufficient, and the defendant shall answer at the .
next court; but if adjudged goody the defendant shall
have his costs.
504 ^AWS OF VIROmiA^
If any drFendant shall obstinatelj insidt on a demur'
rer, and refuseth to answer, where the court^hall bee/
opinion that sufficient matter is alledged in the bill t»
oblige hrm to answer* and for the court to proceed up-
on, the bill shall be taken pro confesso, and the matter
thereof decreed accoi*dingly*
Bales for ^ Commissions to examine witnesses may be awarded
witneiseB. by the court, after replication filed, the party taking
. out such commission giving the adverse part^ ten dajs
notice of the time and place of executing the same.
After any bill filed, and before the defendant puts is
his answer, upon oath made, that any of the com]^ai-
nants witnesses are aged, and infirm, or going out of
this colony, whereby the complainant thinks he is in
danger of losing the benefit of their testimony, the
clerk may issue a dedimus to take the examination of
such witnesses, de bene esse, giving the defendant rea-
sonable notice, so as to be valid if the complainant his
not an opportunity to take tlieir examination in the or-
dinary course of proceedings^
When any cause shall be at issue^ and the examina-
tion of witnesses returned if the complainant shall not
•at the next court thereafter, set down the cause for hear-
ing; the defendant may have it set down at his requests
Sonmonsfor XXYI. And for better discovery of the truth in any
witnesses, matter whatsoever, depending before the county court.
Be it further enacted, by the authority aforesaid. That
the clerk of every county « shall and may,^ and is hereby
authorised and inipow^ered, upon re<^uest of either par-
ty, to issue one or more summons or summonses for
any person or persons to attend as witnesses in any
cause or matter depending before the county court,
or upon an> survey of land, which shall be by the court
ordered t^j be made, expressing in every summons tiie
time and place whei*e tlie witnesses are to appear, the-
names of the parties to the suit or cause wherein they
are to give evidence, and at whose request they are
summoned; and if any witness shall be an inhabitaat
of another county, the clerk shall issue sununons,
which may be directed to the sheriff, or any coroner of
that county, where such witness or witnesses live, or
usually reside which shall be by such officer executed
and returned to the offii-e whence the same issued.
Their allow- ^^^ ^^^^ every person summoned to appear at any
ance. county court, or upon any survey of laud^ as a witness^
OCTOBER 1748-^£Snd GEORGE IL 505
and beifif^ an inhabitant of the same county, Rhall be
paid by the person or persons at whose suit the sum-
mons issued^ twenty five pounds of tobacco for every
day's attendance upon sucli summons; and every per-
son residing in, and summoned 6ut of another county,
shall have the said allowance of twenty five pounds of
tobacco per day, for attendance, and be paid for tra-
velling and ferriages, to and from court, as witnesses
in the general court, to be paid by the party summon-
ing him or her, which said several allowances for at-
tendance, shall be ordered by the court, ujmn motion
and a copy tht-reof issued by the ch rk at any time,
upon request: And if any person, summoned as a- penalty, if
foresaid, shall fail to attend accordingly, he or she, so they fail to
failing, shall be fined by the court, to tlie party at whose Attend,
suit such summons issued, three hundred and fifty
pounds of tobacco, and shall also be liable to the ac-
tion of such party, at the common law, for his or lier
damages; but if the person so failing, shall, at the
court to which the summons shall be returnable, or at
the next succeeding court, shew suffic lent cause of his
or her inability to attend at the time he or hM ought to
have appeared, then no fine or forfeiture shall be incurs*
red by such failure*
And that every witness during the time of his or her priviicre
coming to, attending, or returning from the court, shall from arretts,
be privileged and free fmm arrest or imprisonment, in 8ic.
the same manner as witnesses summoned to the general
court.
And where any witness shall be aged, infirm, or je:o*
ing ont of this colony* upon oath thereof made, the
clerk upon request of either party, may issue a dedi-
mus, to take the examination of such witnesses, in the
same manner, aud with such notice, as such commis-
sions may be issued, executed and returned, in proceed-
ings in the general court.
XXVIl. And for the more regular granting appeals ^ ^
from any county or inferior court, to the general ^^
court. Be it further enactedf by the anthartty aforesaitU j, ,
^ That no appeal shall be allowed for reversing any judg- blcw^rethe
ment or decree, given in any county court, or inferior debt ordam-
court of record, within this dominion, in anj action or 'fce.does not
suit whatsoever, atcomdion law, or in chancery, where oy^|^^f^|'
the debt, or damage, or other matter recovered in such bacco.exdu*
Q 3— Vol. 5.
fioe
Laws uf ViuGiNiA,
nve of costi;
except in ti-
tlesorbounds
Defendant,
or teniint,be«
iag appel- .
lant ihall
five bond
and security.
Rules where
the plaintiff
appeals.
Certiorari.
ftcUdft or duit, exclusive of the costs, shall not exoeel
ten pounds current money, or two thousand pounds •!
tobac<;o^ or the value thereof, unless in such suit, tha
title or bounds of lands shall be drawn in question.
And that in all cases above the value last mentioned,
or where the title or bounds of lands shall be affected*
or controverted, any party or parties, conceivinj^ bin^
tier, or themselves aggrieved fty the judgment or de*
crce of any county court, or other inferior court, nay
Kray an ap|)eal to the general court, whicli sbaU
e granted in manner following, and not otherwise, to
wit.
If the defendant^ ot tenant, prays an appeal, he sbaU
give bond v^ith good security, for prosecuting his ap*
peal with effect, and to perform the judgment of the
general court, and to pay damages to the api>elleet if
the judgment or decree of the county court, or other
inferior court be affirmed.
And if the plaintiff or demandant appeals, then the
special bail, given by the defendant or tenant, in the
county or inferior court, shall also stand bound to an-
swer tlie judgment of the general court| and such ap-
pellant shall give bond with security, in t&e sura uf
twenty pounds current mom^y, that he will prosecute
his appeal with effect; and if he do not appear and
prosecute tiie same, his bond shall be forCeited to the
defendant or appellee*
XXV UK Jnd be Ufurilier tnacUd^ fry the auttiorilf
ufaresaid^ That no writ or writs of certiorari shall he
receilred or Allowed^ by the justices of any county
court, or other inferior court, or to whom any such
writ or writs shall be directed and delivered^ after issae
or demurrer joined, in the cause or causes depeiidii^
in such court or courts, and intended to be removed by
such writ or writs, but they shall and may proceed
in such cause or causes, as tlio' no such writ had beea
sued forth or delivered ta them, or any of them: And
if any cause be removed or stayed by such writ, and
afterwards the same cause shall be remanded, or seat
back again, by any writ of procedetldOf or other writ
whatHoever, such cause shall never afterwards be re-
movcdy or stayed defore judgment, by any other writ
or writs whatsoever, to be sued forth from the general
courts or secretai^'s office.
OCTOBER (748~32nd GEORGE IL 507
' XXIX. ^ndbeU further enacted^ by the aitf/ionff No justice or
^e$aid9 That no justice of peace, sheriff, onder^^^*'''^^
sheriff; or cleric of any county court, shall appear orJJJ^g^j^^e
plead as attorney, for any perso^n or i^rsons what- court where-
soever, in the court of the county whereof he is a mem- of he is a
bcr, officer, or clerk, except only as i^neral attorney 3fic«'*ex!'
for any person or persons not residing or being witliin cept (br perw
this colony, under penalty of being fined by such couH, ions not in
in the sum of ten pounds current money for everv ^^* ^^^^iX{
stich offence, to the use of the same county, towards *^ '
lessening the levy thereof.
XXX. Jind be it further enacted* by the an/ Aori^ court bouiet
mforesaidf That from time to time, for ever hereafter, *nd public
the court of every county of this dominion, shall ^^^^^^hJiiJ^^^Jr^^
to be erected, and kept in good repair, or where the'^^ g^^^p^ '
same shall be already built, shall maintain and keep in lo repair.
good repair, within each respective county, and at the
charge of such county, one good and convenient court-
house, of stone, brick, or timber, and one common
goal, and county prison, well secured with iron bars,
bolts, and locks, and also, one pillory, whipping-post,
and stocks; and where land shall not be already pro*
Tided and appropriated for that purpose, such court
may purchase two acres, whei*e6n t^ erect the sai<^
publjc buildings, for the use of their county, and for no
Oiher use whatsoever: And tp every court-house al-
ready erected and established, two acres of the land
built upon and adjacent thereto, not having any house,
•rcharll, or other immediate conveniences thereon,
shall be and remain appropriated to such court-house,
and the fee simple thereof is hereby declared to be in
the court of the same county, and their successors, to
the use of such county, as aforesaid; but where a
court house is already built in any city, or town, the land
flow kid off for the same, and btlier the public build-
ingSj shall be judged and held tp be sufficient: And p^jjuj^y on
if the justices of any county* pourt shall at any ^imcf^jg,^^,
hereafter fail to keep and maintain a good and sufiici- keeping a
cnt prison* pillory, and stocks, every niember of tlie»»?^<^«n*
•court so failing shall forfeit 'and pay five hundred P"^"» ®
pounds of tobacco, one moioty to the king, his heirs
and successors, for the better support of this govern-
nent, and the contingent charges' thereof, the other
moie^ to the informer, to be recovered with costs by
action of t^ebtor information^ in any court o^* 'record of
«08
LAWS OF VIRGINIA,
this dominjon; and moreover, the court so failing stall
be liable to the action of the shcriflfy from time to time,
for all damages recovered against him^ upon any es-
Cape, for want of a sufficient prison, and such sheriff,
or his executors or administrators, shall and may sue
for tlie same by action of debt or information, brought
in the general court against the justices so failing, or
the survivors of them; and upon recovery in such suit,
the judges of the said court are hereby impowered, and
required, to proportion how much every particular
justice of the court so failing, who shall be then living,
and the executors or administratoi-s of such as shall
be deceased, shall pay respectively, and to enter up
judgment accordingly, whereupon one or more execa-
tiins shall and may be issued*
Prison nilet. XXXL And that (lie justices of every county shall
be, and they are hereby impowered and required, to
mark and lay out the bounds and rules of their respec-
tive county prisons, not exceeding ten acres of land,
adjoining to such prison, which marks and bounds
shall be recorded, and renewed from time to time, as
occasion shall require: And every prisoner, not com-
mitted fur treason, or felony, giving good security to
keep within the said rule«, shall have liberty to walk
therein, out of the prison, for the preservation uf tiis
or her health, and keeping continually within tbe* said
bounds shall be adjudged in law a true prisoner: And
if the court of any county shall at any time think fit,
i[u*y are hereby authorised and impowered, at the
charge of their county, to cause a ducking-stool to be
built in such convenient place as they shall direct*
XXXIL ,^nd be it further enactedf fry the authorUif
qforesaidf That all ami every other act and acts, clause
and clauses heretofore made, for or concerning any
matter or thing within the purview of this act, shall
be and are hereby repealed.
XXXI II. Jind be it further enacted^ by tbe atUharihf '
Commence, aforesaid^ That this act shall commence and be. in
ment ofthis^pcj^ from and immediately after the tenth day of
June, whicn shall be in tlie year of our lord one thou*
sand seven hundred and fifty one^
Ducking'
stboL
Bepetling
chuise.
act
OCTOBER 1748— 22nd GEORGE IL 509
CHAP. VIII.
•tffi Jict to prevent frivolous and vexatums suits. J^"? ^*
I. Tj^ OR relief of his majesty's good svbjects a- ppctmblc.
JC gainst causoless and rexatious suits, and for
the better enabling them to recover their just rights:
IL Be it enacUdf by the Litiitenant-Gcrotmor^ Coim^
cUf and Burgesses of this present General Jissembh/^ and Actions.
it is hereby enacted, by the authority of the saine. That where the
in all actions of assault and battery, and slander, com- P^^^**^
inenced and prosecuted in tlie general court, if the ju- costs.
rj find under the sum of five pounds, and in the like
actions, commenced and prosecuted in any cotinty
court, if the jury find under forty shillings, the plain-
tiflT, in either case, sliail not recover any costs.
III. And in all actions of trespass, and all other ^i^^re no
personal actions, where the court before whom the ^q^^ costs
trial shall be, shall not be satisfied, and enter upon than dama-
tbe record, that the fi*eeho]d, title, or interest of land, fires-
mentioned in the plaintiff dcH^laration, was or might
have been in question, or that the trespass was wilful^
or malicious, if tht^ jary find under forty shillings^ the
plaintiff shall not recover more costs than damages:
And if more costs are awarded, the judgment shall be u^mg^y
•,void, and shall be amended, upon a motion at any time where more
by the court who awarded the same, and the party in- costs shall be
jured shall be redressed, as to such costs so wrongful- »^^rded.
ly awarded, in case the same be levied upon him:
And where several persons shall be made defendauts, j^^^^iJ^^ ^
in any action of trespass, assault, false imprisonment, shaH have
or ejectment, and upon the trial thereof, any one or his cost?.
more of them shall be acquitted by verdict, every de-
fendant so acquitted, shall have and recover his costs ^
of siiit, in like manner as if the verdict had been giv-
en against the plaintiff or plaintifls, and acquitted all
the defendant's, unless the court before whom such
cause shall be tried, shall be satisfied, that there was
reasonable cause for the making such person or per-
sons, defendant or defendants to such action, and shall
order it otherwise; and In all cases where judgment
shall be given for the defendant, he shall recover his
costs against the plaintiff^ and have execution for the
same.
S4(^ liAWS OF VIROINU*
Exceptions IV. Provided alwaySf That nothing lierein con-
tttoexe^ tained shall be construed to extend to executorsy or
J^^^^JJ[^ administrators^ in such cases where by the law thej
' are not liable to the payment of costs of snit*
Where fuit V. Jind be it further enacted, fry the aiUhority afare-
•hall not a^ ^oidf That in all actions where tJie plaintiflT shall die
A^*d ^ -after an interlocutory judgment, and before final jfidg-
eiUie/ party *^^^^ obtained therein, such action shall not abate If
or parUes. the same might be originally prosecuted or maintain'*
ed by the executors or administrators of such phuntiSV
and if Uie defendant die after such interlocutory judg-
ment, and before final judgment, such action shall not
abate if the same were originally maintainable against
the executors or administrators of such defendant; but
the plaintiff, or if he be dead after such interlocutory
judgment, his executors or administrators, shall and
may have a scire facias against the defendant, if li-
ving after such interlocutory judgment, or if he died
after, against his executors or administrators, to shew
cause why damages in such action should not be as-
sessed and recovered by the plaintiff or plaintiffis^ and
if such defendant* or his executors or administrators,
shall appear at the return of such writ, and not shew
or alledge any matters suiBcient to arrest the final
judgment, or being returned warned, or upon two writs
of scire facias it be returned, that tlie defendant, or
his executors or administrators had nothing whereby
to ho summoned, or could not be found in the coun^,
shall make default, a writ of inquiry of damages
sh^l be tliereupon awarded, which being executed»
judgment final shall be given for the said plaintiff, his
executors or administrators, prosecuting such writ or
writs of scire facias^ against such defendant his exe-
cutors or amninistrators; and if there be two or
more plaintiffs, or defendants, and one or more of then
should die, if the cause of action shall survive to the
surviving plaintiff or plaintiffs, or against the surviv-
ing defendant or defendants, the writ or action shaR
proceed, at the suit of the surviving plaintiff or plain-
tiffs, against the surviving defendant or defendants;
and in all actions, real, personal, and mixed, if either
5 arty shall die between verdict and judgment, such
eath shall not be pleaded in abatement, but judgment
shall be entered as if both parties were living.
OCTOBER ir4S-^2dnd GEORGE IL j^^^
VL Md ht it fwrihcr tnacttdf bp the authority a- Rules in ac-
firesaidf That in all actions upon any bond, or on any ^^^^^^^
penal 8uni lor non performance ofcovenants, or agree- ^ccnrenfrntf.
inentSy in any indenture, deed, or writing contained,
the plaintiff or plaintiffs may assign as many breaches
as tie or they shall think fit, and the jury, upon trial
of such action or actions, shall and may assess dama-
ges for such of the breaches as the plaintiff shall prova
to have been broken, and on such verdict the like ,
judgment sh^ll be entered as heretofore has been usu-
ally done in such actions; and where judgment on a
demurrer, or by ctmfession, ormhU didt^ shall be giv«
en for the plaintiff, he may assign as many breaches
of the covenants, or agreements, as he shall think fit,
«pon which a jury shall be summoned, to enquire of
the truth of every one of tliose breaches, and to assess
the damages tlie plaintiff shall have sustained thereby,
and execution shall issue for so much; and such judg-
ment shall remain as a security to the plaintiff bis
executors and administrators, for any other breaches
whicli may afterwards happen, and he or they may
have a scire facias against the defendant, and assign
any otlier breach, and thereupon damages, shall be as-
sessed and execution issued as aforesaid; and in all Actions up^
aC'tions which shall be brought upon any bond or bonds, ^^ ^^^ ^ ,
for payment of money, wherein the plaintiff shall re-^^^y]* ^^
cover, judgment shall be entered lor the penalty of
such bond, to be discharged by payment of the prin- ^
cipal and interest due thereon, and tlie otlier costs of
suit, and execution shall issue accordingly; or if be-
fore judgment, the defendant shall bring into court the
principsU and interest due upon such bond, he shall be
discharged, and in that case judgment shall be entered
for the costs only: And in any action of debt on sin- Debt
gle bill, or in debt, or scire facias upon a judgment,
or in 'debt upon bond, if before action bnmglit, the
defendant hath paid the principal and interest due
by the defeasance or condition, he may plead payment
in bar.
Vil. JijidbeU farther enacted^ by the authority a- powers of au
foresaii, Tliat all powers of attorney for confessing ^J^yJ^-
or suffering judgment to pass by defaulter otherwise, mentaodi^.
and all general releases of error, made or to be made lease of er-
by any person or persons whatmiever within this colo- J^[» J**^
ny, before action brought, shall be, and are hereby de-voW.*^
5i2 LAWS OF VIRGINIA,
Attorney ap-clared to be absolutely nyll and void; and if any at-
peaiing un- torney,oi' other j)ers<»n practising as an attorney, shall
power for- P^'^su me to appear under such power, for any defen-
fcits 5001. dant, in any court of record witiiin this dominion,
and liable - such attorney, shall for every such offence, forfeit and
for damages, pjiy fiy^ hundred pounds current money, to such de-
fendant for his own use, to be recovered with costs by
action of debt or information, in any court of recon^
and moreover, shall be liable to an action for dama-
ges, at the suit of the party grieved.
Attorney for VIU. d)id be it further enacted, by the authority a-
any person foresaid, TJiut when any process shall be sued forth
out of tliis Q|. j^^y gy|^|.^ eitlicr in law or equity, commenced and
shall' give sc- P^^s^cuted in any court of record, or before any judge
curity. or magistrate within this colony, by virtue of anv let-
ter or warrant of attorney, or letter or warrant oi sub-
stituti(m, or by virtue of any other deputation or pow-
er, from any person or persons residing in other parts
than within this dominion, against any person or per-
sons inhabiting here, the person suing forth such pro-
cess, or commencing or prosecuting such suit, at his
first appearance, or at anytime thereafter, when requi-
i*ed, shall give good and sufficient security with the
clerk of the general court, or in the court whei*e such
process shall be sued out, or suit depending, to satisfy
and pay to the party prosecuted, all such damages,
costs and charges, as upon the same suit shall be a-
warded to him, her or thenu by the court judge or
magistrate, before whom the suit shall be heard and
Vailing so to determined; and if such ^torney shall fail to give
^n ^h^'^ *^^ ^"^*' security, being tliorcunto required, the suit slaH
of suit ^^^^^ be dismissed, and the defendant shall have judgment
for his costs, against such attorney, and may take ex*
ecution tfiereupon; and moreover, such attorney shall
be liable to the secretary, county court clerk, and she-
riff, or other officer, for their respective feel, to be
levied upon his estate, in the same manner as officer's
fees arc by law directed to be levied and paid, and
also to all witnesses in such suit, for their respective
allowances.
Rules upon ^^' '^"'^ *^ it further enacted, by tlie authority cfort-
entering in- saxd. That before any injunction in chancery shall be
junctions in granted to stay proceedings at law, in any action, suit
chancery, or judgment whatsoever, in any court of record in this
colony, if the court shall not be otherwise satisfied with
- jw r.
OCTOBER 1 748— S2rtd GEORGE- Il< , 51^
the matter of equity, tlie party praying such injuncti-
on shall make oath, before the court, or before some
magistrate*' of the truth of the allegations of his in-
junction bilU which affidavit shall be certified at tKe -
foot of the bill, and he, she, or they, shall moi*eoter
enter into bond with one or more sufficientsecurities, in ^
the clerk's office, for satisfying and paying all such sums
. of money and tobacco^ and costs, which shall be then
(|ae, or become due to the plaintiff or plaintiffs, in the
action, suit, or judgment so to be stayed, and also for
the payment of such costs, as shall be awarded a-
Eainst him, her, or them, in case the injunction shall
B dissolved.
X. Md be it further enacted ^ by the authority afore- Rep«aHng
Boid, That all and every other act and arts, clause ^^^'**
and clauses, heretofore made, for or concerning any
matter or thing within the purview of this act, shall be,
and are hereby repealed*.
XI- JInd be it further enacted^ That this art Commence-
shall commence and be in force from and immediately™^"^ of ihi»
after the tenth day of June, which shall be in the year**^
of our lord one thousand seven hundred and fifty on^
fProm edit.
LroAP* IX* m;t was re-
pealed by
«4n Mt for Limitation of JlctionSf and avoiding ofP^^^^'
^^*^^* tiotetochai^
2.]
I.'ITIOR avoiding law suits, Be it enacted^ by the ^
X Lieutendnt'Gdvemor^ Council and Burgesses f^^^^^^^
qf tids present General Assembly 9 and it is hereby en- ^thm 5
uctedj by the autlunity of tlu same^ rThat all actions yoan. ^
upon the ( ase, other than for slander, actions for ac-
count, other than between merchant and merchant^
their factors or servants, actions of trespass, debt, de-
tinue, i-eplevin, and trespass for breaking the close,
shall be brought within five years next after cause of
such action accrued, and not alter; actions of tres-
pass, for assault, battery, wounding, or imprisonment,
within three years, and actions upon the case for *j.|jyg^ y^j^-j
wonis, within one year after the words spoken^ and not on^ y«|a^
afterwarde.
R 3— .VoL 5.
514 tAws b¥ Virginia.
Petsons uji. U. Protided always, . That if the party intitled te
*^'J!?*^^*'such action, be under the age of twenty one years, feme
abilities, ex- . ' ^•••j"^^ i» x*.-^
cepted. covert, non compos mentis* imprisoned, or out of thi§
colony, at the time of action accrued, such persoit
may brin^ suit within the respeCtiTe tiroes herein be-
fore limited* after such disabilities removed; and wber6
in any of the actions or suits aforesaid, judgment Abalt
be given for the plaintiff, and afterwards reversed by
a writ of error, or if a verdict pass for the plaintiff,
and upon matter alledged in arrest of judgment it be
given against him, and that he take nothiRfg by his
plaint, writ or bill: Or if any such action be brought
by original, and the defendant thereupon outlawed, ana
afterwards reverse the outlawry, in any such case the
^»*^^**^**^* plaintiff, his heirs, executors, or administratursj may
^^^*^J{[ commence new action or suit, from time to time, with"
l^wed. in one year after judgment so reversed or given againtif
him, or outlawry reversed, and no longer.
But penons HI. Provided also, Tfiat where any defendant shalf
Abscondifif, abscotid, or conceal himself, or remove out of ftis co-
&a*may*BoU®ny» ®** ^"^ of the county where he lived when cause
plead this of sucli action accrued, or shall by any other indirect
»ct- Iheans, prevent or binder the plaintiff fromF bringing or
maintaining his action within the time herein (more
limited, such defendant sliall not be admitted to plead
this act in bar.
Disclwmer. IV. •ind be it further enacted^ by the authority itfore^
said. That in all actions of trespass for breaking tb*
close, where the defendant in his plea shall disclaim ta
make any title or claim to the land where the tres-
pass is alle<!ged to be doner and the trespass is by neg-
litrencc, or involuntary, such defendant ^ail be admit-
ted to plead a disclaimer, and that the trespass was by
negligence or involuntary, and a tender or offer of suf-
ficient amends for such trespass, before abtionbrougbtf
upon some of which the plaintiff shall join issue, and if
that be fciund for the defendant, ortheplkintiff be non-
suit, he sliall be barred from the said action or actions^
and all other suits concerning the same.
Riepealinff V. Jnd be U further enacted, by the auMwrity a-
<5^*"*® foresaid, That one act made in the fourth year of quee»
Anne, intituled, an Act for limitation of actions, anil
avoiding of suits, be, and is hereby repealed.
iSinrth^ VI. And be it further enacted, by the aathtnity •-
aftt. foresaid. That this act shall commence and be in force^
OCTOBER ir4S— 22nd GE6U6E 1L f^^j^
from and immediately after the tenth day of Jane» whict^
ehall be in the year of our lord, one thousand seveii
hundred and fifty one.
CHAP. X.
•tn Jict prescribing the method of appointing ^fi*^n^^»2Si ^^
and for limiiting the time of Xhtxr tonXimManu in oj^ ^^
Jicef and directing theiar duty therein.
L 'WJ^ OR the regular nomination and appointment of
JC sheriffs, within this colony:
IL Be it enaetedf fry the Lieutenant- G(wemor,Th^nkef^
CaimcUf and Burgesses, of this present General -^^'^e^J^^v
$enMjf, and it is hereby enaetedf bu the authority of the^j^^^t,
same. That every county court of this duminion, shall mentt of alicr
annaally between the last day of June, and the last day ^s-
of August^ present to the goyernor or commander in
chief of this colonyt for the time bein^^* a list or re-
IBommendatioti of three persons, named in the commis-
sion of the peace for their cduntyy one of which pei*-
sons so recommended* shall thereupon be commission-
ed by the said governor or commander in chief, to ex^
4Dcute the office of sheriff of that county, fir the then
next ensuing year; but if at any time any county court
shall neglect or refuse to present such list or recom-
mendation; it shall be lawful for the governor or com-
mander in chie^ and he is hereby directed to appoint
and by his commission constitute, any one person nom-
inated in the commission of the peace for such county^
to be sheriff thereof; and if any sheriff, appointed up-
on recommendation as aforesaid, shall happen to dieAiidwh«pea
in the time of his sheriffalty, the governor, or comman- J^^jSgofflce.
der in chief may, and is hereby impowerc^l and desired
to appoint one of the survivors, recommended with the
person deceased, to be sheriff in his room; and when
a sheriff, appointed upon neglect or refusal o( recom-
mendation, happens to die in his office, any person in
commission of the peace of such county, may Imd shall
be commissioned in his stead.
IL Jind be it further enacte^, by the authority a- ^
foresaidf That no person shall be compellable to ^^••veJnJJJ^'J^^
as sheriff, longer than one year only; but the govern- office.
qr or commander In chief raayt if he thinks fitf. con- ^
Si$ LAWS OF VIRGINIA,
tinue any sheriff in his oflSce two years, next soeoeed^
ing each other, and surh person may accept and exe-
cute the same two years successively, and no lonjs^.
sh 'ff ihall ^-^' ^very person accepting a sheriff's commi8sion«
rive bond s^iail, befnre his being sworn into, or executing his of-
and security, fice, enter into bond, before the justices of his county
before sworn court, with two good and sufficient sureties at the
^ least, in the sum of one thousand pounds current meney,
for his true and faithful perfonjnance of Ms oflios;
which bond and sureties every county court respec-
tively, is hereby impowered and required, to demand,
take, anil cause to be acknowledgecl before them in o*-
pen court, and recorded: And iJTany person now ap-
X pointed, uv hereafter to be appointed pursuant to tUs
Pht fu ^^* ^''^" refuse to accept and execute such commis*
^^^]^^e*si(in to him directed, he shall forfeit Und pay twenty
pounds current money, to our sovereign lord thekii^
fiis heirs and successors, for thense of ibecoonty where-
in such refusal shall be, towards lessening their coun-
ty levy, to be recovered with costs, by action of 4ebt
or information, in any court of record of this dominton,
except tiM* person refusing, shall declare upon oath,
before his or the next adjacent county courts ^* that
C^xeeption. he bath used his best endeavours, truly and bona fide,
witliout covin or collusion, to get security for perfer-
mance of the said office, and ^that he cannot otoia
such security:'^ A^hich oath such county cbuftupoa
application to them made, is hereby impowered and re-
quired to administer, a^d cause to be recorded; aad
thereupon such person shall not be liable to any forfeit*
ure f(ir his refusal, but a new commission shall and may
issue, appointing another sheriff in his stead, in tbe
sahie manner as if such person were naturally deade
Person^ set- And no person who hath once served as sheriff, or paid
vin^ once, or his fine, shall be liable to any further forfeiture, imtH
Siie*MM8ed®^®^y«P**^^^* othvr than a burgess, in commission of
'till all the the peace for that county, shall have actually served as
rest in com- sheriff, or paid his fine, or discharged himself upoa
misfion have ^^^^\^ !„ nianner aforesaid.
ZT "" ' *^'* Providedalways,T\i9iteYery member of th'e house
Bi^r^sses <>f burgesses, in this present or any future General As-
excepted sembly, during the time of his being a burgess, shall
^"?^*^*"^ be exempted from being made or appointed sheriff, and
from all fines and forfeitures by this act in&icted for re^
fusal tliereof.
OCTOBER 1748— fi^nd GEORGE II. 547
IV. Jind beitfnrther enacted, by the at^OMrity afore- Sheriff shall
Jiai(U That every sheriff himself op by his lawful offi- execute pro-
cers or deputies, shall from time to time execute all makeretupn.
writs, ahd other process to him legally issued and di Penalty on
rected, within his county, or upon any bay, river, orfiulingtocx-
creek adjoinin)^ thereto, and shall make due return ^^^'
thereof, under penalty of forfeiting one thousand pounds
of tobacco, for every failui^, one moiety to his majesty,
bis heirs and successors for the better support of this
government, and the contingent charges thereof, the o*
ther moiety to the party grieved, to be recovered witk
costs, by action of debt, or informatiout in any county
court of this cidony; and such slieriff shall be further
liable to the action of the party grieved^ at the com-
mon law, for his or lier damages: And for every false
return the sheriff shall forfeit and pay three thousand 0,^^^^,^^^;
pounds of tobacco, to bo recovered divided and appli- turn.
ed, in thjo same manner as last mentioned, and shall al-
so, in like manner, be liable to the party grieved, for
damages: And no sheriff shall return, upon any writ Rules for re^.
to him directed that the defendant Is not fimnd In his ^™ ^J^^^
bailiwick, unless such sheriff or his officer shall have ^^^^ j^ ^^
actually been at the dwelling house or place of abode found.
of such defendant, and not finding him, shall have there
left an attested copy of the same writ, or proceas; and
where any defendant shall be a known inhabitant of
another county, and not of the county of that sheriff to
whom the process shall be directed, sudi sheriff shall
retuiTi the truth of the case, but not that the pei*son is
not found in his county, and thereupon such process
issued from any county court clerk's office^ as to such
defendant shall abate and be dismissed.
V. Provided always. That it shall not be lawful for ppocew cxe^
any sheriff, or other officer, to execute any writ or pro cutcd on a ^
cess upon the Lords day, commonly called Sunday* Sunday void.
nor upon any pei*son attending his duty at any muster ^*|^^^^"
of the militia, or iny election of a burgess or burges- of burge^CT.
Bes; and titat all process so executed shall be illegal Exceptin
and void, unless the same be issued against any person criminal ca*-
or persons for treason, felony, riot, breach of the peace, ^* ^^*<^P^
or u|ion an escafie out of prison, or custody, and such
process shall and may be executed at any time or
place.
VI. Jtnd be it farther enactedf by ihe autliarity «- Whatobliga-
foresaid, That it shall not be lawful for any sheril; or ^on3tl»c«l»^-
51S LAWS OF VraOINIA,
riff may take his officer or deputy^ to take any obligatpon irf*, or fcc
^^J^JJ^ ^^ any person or persons in his custody , for or coacemuig
^' . any matter relating to his office^ otherwise payable
than to himself, as sherifl, and dischargeable upon ti|#
prisoner's appearance^ and rendring himself at the day
and place required in the writ whereupon he waa^r
shall be taken, or arrested: And that every obligation
by any sheriff taken in other manner or form, by colour
^ of his office, shall be null and void, except in any spe*
cial case any other obligation is or shall be by lawpar<e
ticularly and expressly directed: And that no sherilr
Hitlbe8,pub. of any county within this dominion shall demand, or
ticor^pnvate. ^.^^ ^^y other or greater fee or reward whatsoevert
nor shall have any allowance, rewat*d, or satisfarti(Hi
from the public, for any service or business by biQ|
done^ other than the allowances given and providid bj
law, from time to time, in the table of sberiff's fee^
and that all services not there expressly enumerated^
and provided for, shall be by him done ex officio.
VII. Jnd be it further enacted, by the autlioriiy afart-
tct^llector ^""'^ That every sheriff, wlienrequii-ed by the govern-
or quit rents, or's warrant for that purpose, shall collect the quit-
public and t*ents due to his majesty, in bis county; and shall aUa
county le- receive and Collect the public and county levies; and
^'^^ shall duly pay and satisfy all such quit-rents, and levies
to the receiver general, and the public or county credi-
tors, respectively, at the time or times which now are^
or hereafter shall be, by' taw limited (vom time to time.
Tlowheshall VIII. And ^wbcreas souie sheriffs, a;id othera col-
atecount and lectors, of levies, have discovered some tithables not
pa; . inlisted, and have demandeil and received tlie levies
for them, and retained the same to tfieir own usei
Be it therefore enacted, &y the authority afor^iaidx
That all sheriffs and collectors shall hereafter ac*
count, oh oath, for all such levies by them receivedt
to the respective county courts or vestries, as the
case may be, which shall be applied towards lesseaiiig
the leVy of such county, or Parish.
Collector of *X. Jtnd be it fartlier enacted^ That where any.
quit rents, person or persons holding lands of his majesty, shall
or levies may f^il tp satisfy and pay the quit rents due for tlie same;
distrain. ^^^ whci'e any person or pei'sons siiall be indebted for
public, county, or parisli levies, and shall not discharge
the same, within the time limited by law for tlie .pay-
ment thereof^ it shall be lawful for the sberifff or col*
bCt'OBtiB 1748-*-22tmI GEORGE IL 519
kctor of such q^it rents ftt levies, or eitlier of tiiein,
to distrain any of the slaves, goods, or chattels, which JJ^*}*\^f^*"
shall be found upon the lands, and in tlie possession of ^^J^*^®^
the person so tndebted,or failing, notwithstanding surh
iilaves, goods, or chattels shall be comprised in any deed
of mortgage: And if the owner thereof shall not pay if no reple-
the quit rents, or levies due, within five days after suck ^^ by pwr-
distress, such sheriff, or collector, shall and may law- S^y^^Jhall^-
fully sell, by auction, the slaves, goods, and chattels fold by auc-
distrained, or so much tlici*eof as shall be sufficient to tion.
satisfy the said quit-rents, or levies, and the charges of
distress and sale: But shall give notice of the day and Blethodand
place of sale, at the church of the parish wherein such^^°*® of sale,
distress shall be, by setting up a note thereof, before
the service begins, at some convenient or usual place '
Hear such church, and by publishing the same in the
church yard, immediately after divine service, on the
next Sunday after the expiration of tiiesaid five days:
^hich sale shall not be in less than three^ nor more
than six days, after notice so given, and shall be good
%nd effectual in law, against all and every person and
persons whatsoever, claiming or pretending to claim
any right, title, or interest, in, or to any of tlie said
slaves, goods or chattels.
X. Provided a/ways. That no sheriff, or other officer, Penalty on
tior any collector of levies, or officers fees, shall at any officers mal^
time make ortakeunreasonableseisui*esor disti*esses,or ^"ff JJ?^*"-
seise or distrain the slave, or slaves of any person, for ^"e or dis.
, any quit rents, or for any public, county, or parish le- training
vies, or for any officers fees, if other sufficient distress slaves where
can be had, upon pt nalty of being liable to the action ^^^^^^^'^^
of the party grieved, grounded upon this act, wherein i,^^^* ^*"
the plaintiff sliall recover his full costs, altbo' thedam*
ages given do not exceed forty shillings.
XL And whereas the situation of most prisons in
this colony hath given opportunities to- evil disposed
persons to break open the same, and turn out debtors
and others in custody, to tl»e hindrance of justice, pre-
judice of creditors, and ruin of sheriffs, who have bc^n
compelled to pay the debts with which such prisoners
stood charged: For remedy thereof, Be it further en-
aetedf by the authority ajoresaidf That no judgment SherifT iV
sfaall^e entered against any sheriff, or other officer, ^">"!fi«^
in any suit brought upon the escape of any debtor in ^^^^
his or their custody, unless the jury who shall try thoei^i^
520 LAWS OF VIEGIHIA,
issue, shall expressly find, thi9tt such debtor or prison^
er, did escape with the consentf or through tlie neeiN
gence of such sheriff, or his officer or officers, or that
such prisoner might have been re-taken, and that the
sheriff and his officers neglected to make immediate
pursuit
XII. And Tor the more effectual retaking and aeco<-
ProcesB a- ring persons who escape out of prison, Bt it further en-
gwnstapri- acUdf btf thc authority aforesaidf TJiat if any person
»ner esoap-^^j^^jj^m^j^ rendred, or charged, in custody, in execu-
tion, or upon mesnt^ process, to any county prison, shall
thence escape, it shall and may be lawful to and for
any Justice of the peace, in the county where such pri-
soner was in custody, upon oath of such escape before
him made, by the sheriff, under sheriff, goaler, or o-
ther ci*edible jicrson, to grant unto any one demanding
the same, one or more warrant or warrants under his
liscapewtr- h**"*! *"d scal, directed to all sheriffs, mayors, bailiffs,
r^i, ' constables, and headbordughs within this colony and do-
minion, reciting, the cause of such prisoner's commit-
ment, and time of his or her escape^ 4ind commanding
tliem and every of them, in their respective counties
cities, to>^ ns, and precincts, to seise and retake such
Sero!^ upon P>'isoner so escaped, or going at large, and being so re-
retakine & taken, forthwith to convey and commit to the prison
pre cee£ng where debtors are usually kept« in the county where
-thereupon, g^^j^ |.etaking shall be, there to be kept in sale custo-
dy, until he or she be thence discharged by due course
of law: Which warrant the sheriff is hereby requi-
red to obey, and to receive the prisoner into his safe cus-
tody, and to give a note to the person or persons deli-
vering him or her, certifying his receipt of such prison*
er; and shall also make return of the execution of such
warrant, to the court of the county from whence the
prisoner escaped: And if he or she was there in cos*
tody charged in execution, then the said sheriff shall safe-
ly keep him, or her, without bail or mainprize, until he
or she shall make full payment and satisfaction to the
plaintifforplaintiffs,creditororcre<iitors,in whose name
such execution was sued out, or untU the judgment or
judgments obtaine4against him, or her^ shall be rever-
sed or discharged by due course of law; and if such pri-
soner shall have been in custody upon mesne process, in
any action of debt, or u|ion the case, the sheriS^to whom
be, V)r she, shall be so re-committed, shall in liko mas-
^••-•*-
OCTOBER 1748— 22ncl GEORGE II. S2i
ner keep such prisoner in liis safe custody, and make
return of the execution of the warrant by which he, oi*
she, was re-taken, to the court of that county wherein
he, or she, was first arrested* and thereupon it shall be
lawful for the said court, upon the plaintiff's or credi*
tor's filings his declaration^ to proceed And give judg-
ment thereon^ according as the truth of thecaseshall ap-
pear to them, in the same manner as if the defendant
had appeared in the said court and refuse to plead, un-
less such defendant shall cause special hail to be en-
tered in the said court, and shall immediately plead to
issue, and then upon certificate under the hand of the
clerk of the said court, that .^uch bail is given deliver-
ed to the sheriff in whose custody such defendant then
shall be, it shall be lawful for the said sheriff to set at
large such prisoner, and not otherwise: But where a-
njlprisoner escaped and retaken, upon such warrant as
aforesaid, shall thereafter be charged with treason, fe*
lony, or other crime, or causes in behalf of his majesty^
his heirs or snccessai*s, for which he, or she, ought to
be tried in the general court, or court of oyer and ter-
miner^ and shall be for such cause removed to tlie pub-
lic goal, of this colony, every such prisoner shall be
charged in the said public goal with all the catises
wherewith he or she stood charged in the prison from
whence he or she was so remove<l« until he, or she, be
thence delivered by due course of law, in like manner
as is herein before directed.
XIII. And whereas felons, and other criminals com^
mitted to the county prisons, in order to their examina-
tion, or removal to the public goal, and slaves com-
mitted for capital crimes, consrious of their guilt, are "
most likely to break prison and escape: For preven-
tion thereof. Be itfnrUitr enacted^ by the authority a-
,foresaid. That whei-e any person or persons, accused
of treason, felony, or other capital crime, shall be com-
mitted to any county goal, and the sheriff shall have
cause to suspect, such person will attempt to escape,
such sheriff is hereby impowered and required to im-
press H sufllcient guard, for securing such prisoner or
prisoners, so long as he she or they continue in the sheriff may
said goaly at the charge of and to be levied on such impress a
county, and to be repaid by the public, in the same guard for a#.
manner as the charges of summoning, and h^Wing^Jin gSS!
courts for the examination of criminals.
S 3— Vol. 5.
532 J^AWS OP VIRGINIA,
XIV. And For removing all rontroversies toncbiiig
the manner of turning over prisonersi upon a sherilTs
quitting his offire.
Method of XV. Be it further enacted^ by the authority afirtr
^ri^nfre T *^*^' ^^^^ *^^ delivery of prisoners, by indenture bc-
the'sherifftotwecn the old sheriff and the new, according to the
hiMuccessor. practice in England, or the entering upon record in the
county court, the names of the several prisoners, and
causes of their commitment, delivered over to the nev
sheriff shall be suffirient to discharge the late sheriff,
' from all suits or actions, for any escape that shall hap-
pen afterwards,
all ff ma XVL Ai*d be it further enactedf by the OMiJunity qfort-
distrainfor^ sofd, That where any arrears of quit-rents, levies, or
arrears of oflicers fees, are or shall be due, from any person or
public debts, persons whatsoever, an'.l the sheriff to whom the same
mIedeceMors ®"S^* ^ ^^^^ ^^^ P*'^'» ^'^' ^** ^^ removed from his
^ offire, it shall be lawful for the succeeding sheriff or
sheriffs, to make distress for the same, upon the slaves,
goods or chattels of the person or persons so chargea-
ble, and to make sale thereof, in the manner by this
act before directed, to be accounted for and paid by
such sheriff, to his majesty's receiver-general, pobK^
county, or parish creditors, or such other pereon or
Sheriffs aU persons to whom such arrears shall be due: And
k)wance for that (Very sheriff .^hall have and retain, for all tobarco
collecting due for public, county, or parish levies, quit-rents, se-
public debts, cretary's, or other officers fees, put into his hands to
collect, afi alh'wance of six per centum, for collecting
and paying tlie same.
Sheriff- of XVII. Jirid be it further enacted, by the authariiy
James city aforesaid. That the sheriff of the county of James
mayMimmon (^\fy^ f^j. i\^q ^^^ being, and his under sheriA
WiUiams- an*! deputies, and every of them, shall he nnd are here*
burg. hv i»np.iwered, and authorised to summon jurors of
the iiihabit;\nt8 of James t'itv cwinty, in all and every
part of the city of Wijli.tmshurg, as well in that part
lying in York, as in James City, to serve on juries oa
the days appointed Tor holding courts in the said coqb-
ty of James City.
RepcaKng XV 111. And be it further enacted, by the autharUy
cause. aforesaid, 'i'hat all and every other act and acts,
clause and clauses heretofore made, for or concemiiif
OCTOBER 1748— 22nd GEORGE !!• 52^
mny matter or thing within the purview of this act^
shall be and are hereby repealed.
XIX. Jind be Ujfurther enacted. That this act shall
commence and be in force from and immediately after Commence^
the tenth day of June, which shall be in the year of ^^^ ^^ ^^
our Lord one thousand seven hundred and fifty one*
CHAP. XL
' [From edit.
Jin Act concerning Junes.
J. 171 OR the more regular inquiry into the breaches
JL of penal laws, and trials «)f matters of fact, in
ihe several courts of justice within this dominion, by
iprand juries and petit juries: Be it enacted, by the Lieu-
tenant-GfroermyTf CouncUf and Burgesses, of this pre-
sent General Assembly, and it u hereby enacted by the
authority of the same. That ^stry county court shall
cause twenty tmv freeholders of their county, not be-
ing ordinary keepers, constables, surveyors of high-
ways, or owners or occupiers of a mill, to be summon-
ed to appear in May and November courts, annually q^^^ juries.
out of which shall be impanelled a grand jury of M- to be sum.
teen at least, who shall be sworn to enquire into the monedtoev*
breach of penal laws, and make presentment of the of- ^'y county
fenders, but shall present such offences and breacties fc^NovcmW*
only, as shall be committed within the space .of twelve Their dut^
months before th^ time of such presentment, and no inpresenting
longer, unless the same be otherwise directed by law; •^^^"Jq
and such grand jury having presented all such matters ^^ ^^
as come to their knowledge, shall be discharged, al- Howpresent-
ways observing, that when they make presentment up- {J*®"^"'*^]^
on information of any other person than themselves, dcter^neSr
to write the names of the informers, under such pre-
sentment, for the more effectual prosecution thereof;
and every such grand jury shall and may present, and
the several county courts shall have full power and au- ^
tbority to hear and determine, all offences made penal
by the laws of this colony, altho* the recovery of the
lines for such offences shall be otherwise directed by
the laws inflicting the same, and altho' tlie forfeiture ,
or penalty thereby inflicted shall not amoiHit to twen-
ty five shillings current money, or two hundred pounds
of tobacco; Ajid if any freeboldeff being summonedj
524 LAWS OF VIRGINIA,
Fines on ju- shall fail to appear as aforesaid, so as no grand joi^
rprsnotap- ^^^^ [^^ impanelled, he shall be fined by the court, four
^*^*""^' hundred pounds of tobacco to the king his heirs and
successoi*s, for the use of the same county, unless le-
OncourtanotS^' cause for non-appearance be shewn, and allowed at
prdering the next court held for such county: and if the court of
summons, any rounty shall fail to order a grand jury to be sum-
moned as aforesaid, or upon the appearance of fifteen
shall omit to swearagrand jury, every member of such
court; shall forfeit and pay. four hundred pounds ofto-
On a sheriff ^^^^^> ^"d if any sheriff, upon order of court, shall fail
not execut- to summon twenty four freeholders, and return a pan-
ing a snm- nel of their names to May and November courts, anno-
SrninK iT" ^^^J* ^^ ®*^^" forfeit and pay one thousami pounds of
pannel. tobacco, both which last mentioned |)enalties shall be
to the king, his heirs and successors, for the use of the
county wherein the same shall be forfeited, and reco*
verableby information in the general court of this do-
minion.
Method of 11^ ^^^ j^ it further enacted, by the authority ajare- .
pr^nt-*"^ ««irf. That when any offence or offences shall be prc-
inents,where sented by the grand jury of any county, and the pea-
the penalty alty or forfeiture by law inflicted thereon, shall not
ceed5?^op^^^^^^*' five pounds curreut money, or one thousand
.10001. of to- pounds of tobacco, be it to the king and informer, or
b^cco. to the informer or party only, or appropriated to any
other use whatsoever, such presentment need not be
drawn up in other form, than as the same stands
presented by the grand jury; and thereupon the
court shall order a summons forthwith to issue, to
summon any person or persons, so presented, to zf-
pear and answer such presentment, at the next courtf
and shall not admit of any exception or pleading, to
the form or manner thereof, but shall proceed to trial,
without the formality of a jury, and give judgment
upon such presentment, according as the very rightof
the cause and matter in law shall appear unto theoi;
and if the ])arty summoned fails to appear^ the court
may give judgment for the penalty.
III. And for preserltments to be made at the gene-
Grand juries ral court. Be it further enacted, by the authority Op
at the gene- /j^esaiJ, That the sheriff or officer attending the
ral court ^^j^j court, shall summon a grand jury of the by-
tanders. being freeholders, who shall and may, and
are, hereby declared to have full power to make pi;e-
*-'■!--* J" ■ -rj
' OCTOBER l/48~22hd GEORGE IL 525
sentments of any offences whatsoever, committed with-
in this colony, exctpt such only, where the penalty in-
flicted by the law in force, is under twenty shillini^,
or two hundred pounds of tx^bacro; and the court shall j^^^ ^^ ^^
have jiower to hear and determine such offiiices, iiisentoffencU
the same manner as is herein before directed in the under 308 or
county courts: And to the end such grand juries may ^001. of to-
be of the most capable persoris, it shall be lawful for *^^"
the said court, upon the Grst or second day of their sit-
ting to make a rule for the officer attending the court, ^
to summon twenty four persons for a gi*and jury; and
if any person so summoned, shall fail to appear and.
attend such court, he shall be fined four hundred
pounds of tobacco, to the king, his heirs, and succes-
sors, for and towards the better support of this
government, and the cotitine^ent charges thereof.
IV. Frovided always^ That no grand jury shall . .
make any presentments of their own knowledge, up- senunenur*
on the information of less than two of their own ^
body.
V. ^tid be it further enacted^ hy the autfiority afure- sheriff shall
SBidf That for the trial of ail causes, except treason 9«"»n^on j"-
and felony, both in the general court, and county ^^^^^^ ^^^^
court, tlie sheriff or officer, attending such coiii-t, shall,
every day the court sits, summon a sufficient number
of the bystanders, qualified as hereafter is dii*ected,
to attend the court that liay, that out of them may be
impanelled sufficient juries, for tlie trial of causes
depending in such court; and if any jierson so sum-^^^^fl^^'^^y
inoned, shall fail to attend the court accordingly, he^^^^^^^j* ^
shall be fined four hundred fiounds of tobacco, to the
king, his heirs and successors, for and towards the
better support of thid government, and the contingent
charges thereof.
VI. ^nd be it further enacted^ by tlie authority a-Quaiifica-
foresaidf That no |)erson shall be capable to be of ationsofju-
jury, for trial of treason, felony, breach of the peace, "^"•
misprision of treason, breach of penal law, or any o-
ther pleas of the crown, or of any estate of freehold,
or estate or title in or to lands, tenements, or heredi-
taments, in any court of record of this dominion, or
to be a juror in any cause whatsoever, depending iuj ..
the general court, unle^^ such person be a freeholder, ^ coun^"^
and possessed of a visible estate, real and persona], of
the value of one hundred p«)uncls current money, at the ^
53«
LAWS OF VIRGINIA.
least; and that no person shall be capable to be of a
jury for trial of any cause whatsoevert in any county
courts unles-s he be possessed of a visible estate^ real
In county or persdnaly of the value of fifty pounds at least: And
B*^aU t^***^ "^ slioriff or officer shall at any time summoBy or
be challen"g- '•©turn, any juror not qualified as tliis act directs:
ed for want Provided always^ That no exceptions against any jih
of esute af. ror on account of his estate shall be allowed, after he
tersi^orn. ig gwom.
Repealing
clause.
Commence-
ment of this
apt.
ViL 4^ ^ i^ further ewictedf by the authority a-
foresaidf That all and every othf r act and acts, clause
and clauses heretofoi*e made, for or concerning any
matter or tiling within the purview of this act, shall
be and are hereby repealed.
yilL Jind be it further .enacted^ by the OMthority
aforesaid^ That this act shall commence and be in
^rce from and immediately after the tenth day of
June, which shall be in the year of our lord one thou-
sand seven huiidred and fifty one.
[Pmm edit
1752]
Preamble.
CHAP. XII.
Jin Act declaring tlu law concerning Execution;
for relief of Insolvent debtors.
Writs of ex.
ecution.
and
I.
HEREAS by the common law of England,
and divers acts of parliament, which are
binding upon the subjects of this colony* all persons re*
covering any debt, damages, or costs, by the judgment
of any court of record, may at their election, prose-
cute writs of fieri facias, elegit, and capias ad satisfa-
ciendum, within the year, for the taking the goods,
lands, or body of the person or persons against whom
such judgment is obtained, to the end the said several
writs issuing out of any of the courts of record within
this dominion, and the manner of executing and re^
turning the same, may be uniform, and the misehiefs
arising from the incorrect forms, and insufficient re-
turns of such writs prevented.
11. Beit enacted arid declared by the Lieutenant'Chroer-
noTf Council f and Burgesses f of thisptesent Creneral A-
semUy^anditislieTcby enacted oy the authority of the savUf
Til! t the several writs aforesaid, shall be issued in the
king's name, and in the manner following: That is to
OCTOBEH ir48— 22nd GEORGE II. 627
say^ all soch writs issued from the secretary's oMce How to be
shall bear test by the governor, or commander in ^^^
chief of this dominion for the time beingt and shall ^^ ^
be returnable to the eighth, ortwenty third day, of the
next succeeding general courl;; and all such writs isi-
sued from the clerk's nfBce of any county court, or o-
ther inferior court of record, shall bear test by such 15 days, st
clerk, and be returnable to his next succeeding courtj J^e^^^^i
so that tliere be always at least fifteen days between test and re-
the test and return of each of the writs aforesaid, but tum,or moi^
if* the plaintiff in any county court, or other inferior ^"*?*f P'*''^-
court, shall desire an execution to issue returnable at a bi^ nc?^/^
further day, the clerk shall issue the same accoi*ding- ceeding 90
ly, so as the day of such return be upon a court day, cUys,
within ninety days next after the test thereof: And^®!™^*^
that the forms of the said several writs shall be as fol- ^^ '
lows, mutatis mutandis, to wit.
Ji Fieri FaciaSf in Debt.
GEORGE the second, by the grace of God, of^nst
Great Britain, France, and li*eland, king, defender of §J^^.
the faith, &c. To the sheriff «if county, greet- D^ht^ *
ing: We command you, that of the goods, and chattels,
of A. B. late in your bailiwick, you cause to be made
the sum of which C. D. lately, in our general
court, hath recovered against him for debt; also, the
sum of which to the said C. D. in the same
court, were adjudged for his damages, as well by rea-
son of detaining the said debt, as for his costs in tliat
suit expended, whereof he is convicted, as appears to
us of record: And that you have the said
brfore the justices of our said court, the day of
to render to the said C. D. of the debt and da-
mages aforesaid, and have there then this writ. Wit-
ness, &c.
The samef in case upon a Promise*
•——As before, unto— —^ For his damages, whirh he Ciae, «s*
sustained, as well by reason of his not performing a sumpsit,
certain promise, and assumption, to the said C. D. by
the said A. B. latoly made, as for his costs by him a^
bout his suit in this behalf expended: &c.-—
In Trespass.
'•—-As before, unto— «— For damages, as well by oc- xre^ytt^
528 LAWS OF VIRGINIA-
casion of a rertain trespass by the said A. B* to the
said C. D. of)ei*ed5 as for his costs, &c.
If Jot the De/endantf say^
, , — — For his costs about his defence, in a certain action
fendant. ^' *^ ^^ ^^^^ ^*f ^^^ said, &C.
In Covenant
Covenant^ As before, unto For damages, &c. ■ by oc-
casion of the breach of a rertain covenant between the
said A. B. and C. D. lately^ made, &c.
Tlie Form of a Writ of Elegit.
Against GEORGE, &r Greeting. Whereas, A. B. at
lands and tc- our general court, &r. , before our justices
nements, held, hath recovered against C. D. the sum of
which to the said plaintiflT was adjudged for a
certain debt — —or damaged hs before ^ and tb«
said A- B. by the statute in tliat case made and provi-
ded, hath chosen to have delivered to him, ail the
goods and chattels of the said C. D. besides the oxen
and beasts of his plough, and also a uioiety of all hb
lands and tenements in your bailiwick: To have and to
hold the goods and chattels aforesaid, as bis awn proper
goods, and the said moiety, as his freehold, to
him and his assigns, until he shall have levied thereof
the debt and damages aforesaid: Therefore we com
mand you, that you cause to be delivered, all the goods
and chattels of the f^id C. 1>. besides tiie oxen and
beasts of his plough, and also a moiety of all his lands
and tenements in your bailiwick, whereof he, at the
day of obtaining the said judgment, was seised, or at
, any time afterwards, by reasonable price and extent:
To have and to hold, the said goods, and chattels, to
him the said A. B. as his own proper goods, and chat-
tels, and the said moiety as liis freehold, to him and
his assigns, according to the form of the statute afore-
said, until he shall have levied thereof the debt and da-
mages afoi-e^aid: And that you certify our said justices^
underjour ownseal,and the sealsofthoseby whose oaths
y(»u shall make this extent, and appraisement, how jov
execute this writ, the day 6f
and have then there this writ, &r.
A 'nstthe Ji Capias ad Satisfacundum.
b^, ' GEORGE, &c. greeting: We command you, that
5.:3
OCTOBER 1748— 22nd GEORUE IL flJM
yoa take A. B. late of ir he be Fountt with-
in your bailiwick, and him safely keep, so that you have
his body before onr justices of our general court* &c,
— — ^Hie day of to satisfy C. D.
the sum of which the said C. D. hath
recovered against him for debt, also, &c. as before——
In Case, Trtspa$89 or Cavenantf as in tlie Fieri Facias.
Which said writs, so issued, shall be executed by Fotms of the
the sheriff, or other officer, or minister, to whom the****"™*'
same shall be directed, and shall be returned accor-
ding to the respective forms hereafter mentioned, to
wiu
Hie return of a Fieri Facias.
BY virtue of this writ to me directed, I have caijised Reri taoM,
to be made the within mentioned snm'of executed,
of the goods, and chattels of the within named A. B.
which said sum of before the justices within
mentioned, at the day and place within contained, I
have ready as that writ requires.
Or,
THE within named A. B, hath no goods, or chat-^^^e^ np
tl^, within my bailiwick, whereof 1 can make the ^SoodM.
sum within mentioned.
Orf
BY virtue, (kc I have caused to be made of the goods Where pait
and chattels of the within named A. B. the sum of '****^^
which 1 have ready to render to the within
named C. D. in part of the debt and damages within
mentioned: And I do further certify, that the said
A. B. hath no more goods and chattels witliin my
bailiwick, whereof at present I can make the resi«
due of the said dftbt and damages, as by th« said writ
is required.
Betum of a Writ ofBlegiL
$c. INQUISITION indented, taken at Ektf.^«R-
in the county aforesaid, the day of «^^
in the year of our Lord before me E. F.
Gent sheriff of the county aforesaid: By virtue of a
T 3~VoK 5,
ssa iAWs OP vm^iNiA^
writ of our lord the king, to me directed, and to tU»
' inquisition annexed, and by the oath of G. BL L K. Ac.
good and lawful men of my bailiwick, who hemg char-
eed and sworn, upon their oath do say, that A. B. in
uie said writ to this inquisition annend, named, the
day of the'captioN of this inquisition was posiwased of
the goods and chattels following, as of b» own proper
|;oods, viz. of the price of
which I, the said sheriiT, have caused to be delivo^d
to the same 0. D. to hold to bim as hi^ own propei^
goods and chattels, in part of satisfaction of bis debt
and damages aforesaid, in the said writ mentioned^
and furtlier, the said jurors upon their oath do sayr
that the said A. B. at the time of rendering the judg-
ment aforesaid, was seised in hb demesne, as of foe^
of and in (liere name the houses and tands)*—
with the appurtenances, of the annual value/ in all the
issues beyond reprises, of pounds,
acres of which, or thereabouts, are' a true and equal
moiety of all and singular the lands, tenements, and
hereditaments whatsoever, in the county aforesaid, of
the said A. B. which said moiety, I the said aherilC
the day aforesaid, to C. D. in the said writ named, at
a reasonable extent have delivered, to hold to him an^.
bis assigns, as liis freehold, according to the form m
the statute in that case made and provided, until ha
shall have levied the residue of thi\debt and dami^;es
aforesaid, as the writ aforesaid requires: And furtheiv
the said jurors upon their oath do say ^ that thesaid A. B.
at the time of giving the judgment aforesaid^ bath no(^
nor at the day (»r taking this inquisition hath, any o*
ther or more goods or chattels, lands or teoementi^
in the county aforesaid, to the knowledge of the jurors
aforesaid. In testimony whereof, as well I the said
slicriif, as the jurors afoi*esaid,tothis inquisition have
Severally put our seals, the day, year, and place, above
mentioned.
Return of a Capias ad SatUfadendMim.
Capias cxe- BY virtue of this writ to me directed, 1 have taken
cuted. the within named A. B. whose body, before the justi-
ces within nan^ed, at the day and place within con-
tained, 1 have ready, to satisfy C. D. of the debt and
damages within mentioned, as within to me la com-
manded.
OCTOBER 1748«-d2nd GEORGE IL sai
Off Not execut*
THE wittiin named Jt. B. is not found in iny baili- ^*
«rick.
HI. And whereas before the statute made in the '
twenty first year of the late king James the first, it
hath been questioned, if any person being in prison,
charged in execution by reason of any judgment ^iven
against him, should happen to die in execution, wlie*
ther the party at whose suit surli person stood charged
in execution, at the time of his death, were not for ever
concluded and barred, to have execution of the lands
and goodie of th.e person so dying? And least any per-
son of sufficiency in real and personal estate, intend-
ing to deceive others of their just debts, for which he
Stands charged in execution, should obstinately and
wilfully choose rather to live and die in prison, than
to make any satisfaction to his creditors: Be it fur- if a debtor
ther enacted by the authority aforesaid^ That the partr dies in pn.
or parties at whose suit, or to whom any person shall J^JJj ^^*
stand charged in execution, for any debt or damages have new ex-
recovered, his or their executors or administrators, ecution a-
may after the death of the person so dying in exocuti fS^^^ ^s
on, lawfully sue forth and have new execution against ^^^'
the lands and tenements, good and chattels, or any of
them, of the person so deceased.
IV. Provided atways. That this act shall not ex- j^^^^^ ,^
tend to give liberty to any person or persons, their ex- ^iihisland^
ecutors or administrators, at whose suit any such for the bene-.
party shall be, and die in execution, to have, ortake any ^^ .^ *^^^
new execution against any the lands, tenements, or he- whosewi^e
reditaments of such party dying in execution, which isinexecu.-
shall at any time after the said judgment, or judg- tion,
ments, be by him sold, bona fide, for the payment of
any of his creditors, at whose suit he shall be in exe-
cution, and the money paid, or secured to be paid, to
any such creditors, with their privity^ in discharge of
bis or their debts, or some part thereof.
V. And for the better direction of clerks in the issu- ^^^^ j^ j-
Ing of executions. Be it further enacted by the autho- suing the '
rity aforesaidf That when any writ of execution shall writs.
issue; and the party at whose suit the same is issued*
shall afterwards desire to take out another writ of
^execution, at his own proper costs and charges, the
rierk may issue the same, if the first writ bq not re-
S9(i lAWfi CMP vraawiAf
tamed and executed; and wlM« opM a ciqptes ad n-
* tisfacieiidumy the •heriff thsll reUum^ that the defbu-
daiit is not found, the clerk may iasue a fieri racing;
and if upon a fieri facias shall return, (liat the part/
bath no goods; or, that only part of the d«bt is levied,
in such case, it shall he lawful to issue a capias ad sa-
tisfaciendum, upon tiic sane judn^meot; aad so where
part of a debt shall be levied upon aa elegit, a new
elegit shall issue for the residue; and where nihil shall
be returned upon any writ of etogit, a capias ad aatis-
, faci(*ndiim or fieri facias, may iawie, and so vice versa;
and where one judgment is obtained against several
defendants, execution thereon shall issue as if it were
against one defendant, and not otherwise.
YI. And whereas by the- common law, if a creditor
take execution upon any judgement or statute, and the
debtor shall before make alienation of part of his lands,
and such lands be omitted out of the extent^ the whole
execution may be avoided by audita qoerea, and then-
by the party extending may lose bis costs, and be de^
layed of his just debt; and so again, upon a new ^-
tent, toties quotlcs: And if any one acre of land bap-
pen to descend to an infant, the whole executiaa mttst
be deferred till the full age of such infant; and if ef-
. terwards other pail of the lands or tenemental^ KaUe
for such debt, shall descend to another infant^ then
further delay will happen during that infancy abo;
for remedy of which inconveaiencies and delays*
No extent Yij^ j^ i, Aer«ftj/ttr(ier tmeUi tini dedarei^ That
^dedhy o- ^b^w any judgment, statute, or recogniaaire shall be
mission of extended, die same shall not be avoided or delayed, by
part of the occasion that any part of the lands or tenements ex-
l»nd extend. Vendible, are or shall be omitted out of such extent.
y IIL Saving always to the party and parties whose
SaTing reni. lands shall be extended^ his and tlieir heirs, oKecntors
cdfof eoatri^aiid assigns, his and their remedy for cont»*ibtttion a*
bution. gainst such person and persons, whose lauds are» or
shall be omitted out of such extent, from time to time.
IX. Pr<roidei neveriheU$»f That this act, or any
thing therein contained, shall not be construed to |^ve
inftnt'sknda any extent or contribution, against any heir wHhin tiie
excepted, age of one and twenty years> during such minority of
such heir, for, or in respect of any lands to sucb bear
descended, furtlier or otherwise than mtglit have f
made bdore the making of this act.
OCTOBBR irie—Mnd GEORGE H S8S
X. JM he it fifthtr enaeUdf by (he am^ontf o-
/#ffaati(» That m writ of fieri faciM^ or other writ ®f 25^'*^
execatton, shall biod the property of the goods »P^8*5iiic cf li!-*
which such writ is sued forth, but from the tine that cemn; writs
such writ shall be delivered to the sheriff, under she- of cxecation.
riff, comiier, or otiier officer, to be executed; and for
the better manifestation of the said time, such sheriff,
coroner, or other officer, his deputy, or agent, shall,
upon the receipt of any such writ, without fee for do-
ing the same, endorse upon the back thereof, the day
of tlie month, and year, when he received the same; ^nts first
and if tw4) or more writs shall be delivered against the delivered*
same person, in tlie same day, that which was fiwt^Sc^*^
delivered sliall be satisfied first. uxMitn.
XI. «Aput be U fwrther emuiedf 6y the antharity a- nuj^ -^ ^^^
foreeaHj That when any sheriff, or other officer, shallecutiiif afte-
take the goods or chattels of any person whatsoever, by n ^^^
virtue of any writ or fieri facias, and the owner of such
goods and chattels shall not, within five days after such
taking, satisfy tlie party suing out such writ, his debt,
damages, and costs, such sheriff, or officer, shall, and
may lawfully sell, by auction,' the piods and chattels
so taken, or so much thereof as shall be sufficient to
satisfy the judgment, for the best price that can be
got for the same; but shall give notice of the time and
place of such sale, at the church of tlie parish where
4MK.h goods shall be taken in execution, by setting up a
note thereof, before the service begins,, in some conve>
nient or usual place near such church, and by publish-
ing the same in the church yanl, immediately after
divine service, upon tho next Sunday, after expiration
of the said five days; which sale shall be made the
third day after such notice given, and not sooner.
XII. Provided oitrays, That if the owner of such officer ufay
goods and chattels shall give sufficient security toaocejpt aeeu-
ouch sheriff, or officer, to have the same goods ^^^"^^'i^'
chattels forthcomiiig at the day of sale, it shall be^e^^ ^f
lawful for the sheriff, or officer, to accept such sale.
security, and to vutbr the said goods and chattels to
remain in the possession, and at the risque of such
debtor until the time afbresaid, and if then such own-
er shall tender to the sheriff, or officer, the debt, da- Paymem be
mages and costs, for which his goods and chattels ^9^*^^^
were so taken, such sheriff, or officer shall accept the i^^ v
same^ and restore tho said gooils to the owner.
584 *-AWI^ OF VIRGINIA.
Or, secant XI IL Provided alsOf That where any execaOoi
•pW. itt shall be served upon the groods or other estate of thr
ji^a^aiB. debtor, if such debtor shsdl» within five days or at tka
time of sale, tender sufficient sureties approved by the
creditor, to be bound with him, to pay the money, or
tobacco, for which execution was 510 served, and dl
costs, with lawful interest for the same, to such credi-
tor within three months, then the sheriff or oflfce^
shall restore to such debtor the goods or estate so ta-
^eregoods ^^^^, ^^^ where no such security shall be oflfered, and
not^ ^id the goods or other things taken in execution cannot be
ldr3r4of sold for three fourths of their value, at tlie least, in
Aeir value, ^he opinion of the sheriff, or other officer, he may set
J2f^ch up. "P *"^ ®®" *''® ^^^^ ^** money, or for tobacco. If tha
on ^ree judgment be for tobacco, to be paid at the end of three
oMmths «re. months, and shall take bond of the buyer or bnyersi
^^ with one or more sufficient sureties, to pay the saoie
accordingly, with interest, to such creditor.
^^ ^j XIV. Jnd he it further enacted^ ftjf the antkorUga.
J™^j^,^/oresatd, That all and every bond and bonds, so ta-
takeninpur- ken in pursuance of this act, shall mention, that the
sumar^ of same was, or were entred into for goods or other es-
*»» »c{, ^^^^^ taken in execution and restored to the debtor, ur
sold to the obligor, as the case shall be, and befoni
th^ expiration of the said three months, shall be re-
turned, by the sheriff or officer taking the same, t^
the office of the clerk of the court from whence Aa
execution issued, tliere to be safely kept, «and shall
have the force of judgments; and if tlie money or tOh
. bacco shall not be paid, according to the condi^iM of
any such bond, it shall Jbe lawful, and full poww and
authority is fiereby given to the justices of tiie cent
where such bond shall be lodged, npoi| rnotton of tko
party to whom the same is payable, to award execati-
on thereupon, with costs; provided the ol^ligors have
. ten days notice of such motion: And upon sorb exe-
cution, the sheriff or dRcer shall not take any sureties
for payment of the money or tobacco, at a further day^
but shall levy the same immediately: And for the
better direction of such sheriff or officer, the clerk
Executions shall endorse upon the back of every such execotloa,
against col- that no security is to be taken.
J««?»?f XV. Provided always^ That nothing in this act
Sc«tcdoS contained shall be construed to extend to any exiRruttr
of this act. on upon any judgment obtaindl against a sheriff, or
OCTOBER 1748— S£sd G£OUGE IL 535
other collector of levies or officers fees^ for anjr debt^
due to any public or county creditor, or for secretary's
county court clerii'sy surveyor's or otiier officer's fees,
put into his hands to collect, but such ex^utions shall
and may be proceeded upon immediately, and no secu-
eurity shall be taken, or further time allowed, any
thing in this act to the contrary notwithstanding.
XV. I Jnd be itfurtlur enacted f by the authority a- in whit c«-
Jbresaidf. Tbsit no sheriff, or other officer, to whom**«»^^'
any writ uf fieri facias shall be directed, shall take in^^^
execution any slave or slaves, unless the debt and costs,
mentioned in such fieri facias, shall amount to the
sum of ten pounds, or two thousand pounds of tobacco,
provided there be shewn to such sheriff, or officer, by
the defendant or any other person, sufficient other
goods or chattels of such defendant, within the.baili-
wic or liberty of such sheriff or officer, upon which he
may levy the debt and costs, n^entioned in such fieri
facias: And that no collector of any officer's fees, or
of public4 county, or parish levies, shall seise or make
distress upon the slave or slaves of any person, for
such fees or levies, if other sufficient distress can be
had: And that no sheriff, or other officer, or collec*
tor of fees or levies, shall make or take unreasonable
seisures or distresses: And if any sheriff, or other offi- p^„,jt« |^
.cer, or collector, as aforesaid, shall act contrary here* making ua-
to, such sheriff, officer, or collector, shall be liable tohLvfulaei.
the action of the party grieved, gi*ounded upon this*"**'
iict, wherein the plaintiff shall recover his full costs, ^*> cx^u-
aitho* the damages do not exceed forty shillings. treM^o^to-
Xy IL Jnd be it furtlier enacted^ by the authority a- bacco, be-
foresaid. That no execution shall be levied, nor dis- twe«n 30th
tress made for tobacco, between the last day of Sep- ^3^^]?*^
tember, and the last day of December in any year. Dcc«mb«.
XVIII. And be it further enacted^ by the authority p^^^f^^^ n."
aforesaid. That if any sheriff, or o^her officer or min^gminst officer
ister, shall make return upon any writ of fieri facias, net payinif
that he hath levied the debt, damages, and costs, as in I^^'^f tiJ
such writ is required, or any part thereof, and shall "* *
not immediately pay the same, to the party to whom
the same is payable, or his attorney, the clerk of the
court out of which such writ issqed is hereby requir-
ed, upon request of the party, to issue a scire facias a-
gainst such sheriff, or officer, to have execution against
him, for the money so by him levieil.
584 LAWI^ OF VIRGINIA.
Or, tecority XIII. Provided alsof That wlier© anj execatioi
•pP^yJtt shall be served upon the groods or other estate of tfie
mqUm. debtor, if such debtor shsdl, within five days or at the
time of sale, tender suflicient sureties approved by the
creditor, to be bound with him, to pay the money, or
tobacco, for which execution was ho served, and aO
costs, with lawful interest for the same, to such credi-
tor within three months, then the sheriff or offlo^
shall restore to such debtor the goods or estate so tl*
Sk ^'^Sa^ ken; and where no such security shall be oflfered, and
not be sold ^he goods or other things taken in execution cannot be
f6r3r4of sold for three fourths of their value, at the least, in
^nr value, xht opinion of the sheriff, or other officer, he may set
I^^wih up. "P ^^^ ®®" *''® ^^^^ ^^ money, or for tobacco, if ths
on ^ree judgment be for tobacco, to be paid at the end of three
oMmths ere- months, and shall take bond of the buyer or buyers,
^^ with one or more sufficient sureties, to pay the same
accordingly, with interest, to such creditor.
^^ ^ XI Vp dnd he it further enacted^ ftjf the auikorittfO'
Jp^^j^^/orfmd, That all and every bond and bonds, so ta-
takeninpur-ken in pursuance of this act, shall mention, that the
MMo^ of same was, or were entred into for goods or other es-
**» »ct* ^^^^^ taken in execution and restored to the debtor, or
sold to the obligor, as the case shall bei, and before
the expiration of the said three months, shall be re^
turned, by the sheriff or officer taking the same, ^
the office of the clerk of the court from whence tilt
execution issued, titere to be safely kept, «and slud|
have the force of judgments; and if the money or to-
. bacco shall not be paid, according to the condifioB of
any such bond, it shall Jbe lawful, and full power and
authority is hereby given to the justices of the court
where such bond shall be lodged, upon motion of the
party to whom the same is payable, to award execud-
on thereupon, with costs; provided the ol^igors have
. ten days notice of such motion: And upon such exe*
cution, the sheriff or officer shall not take any sareties
for payment of the money or tobacco, atafuKlierday»
but shall levy the same immefiiately: And for the
better direction of such sheriff or officer, the clerk
Executions shall endorse upon tlio back of every such execution,
against col- that no security is to be taken.
^'*/k. ^^- Provided ahvays. That nothing in this act
Sc^tcdout contained shall be construed to extend to any exi^ti*
ofthisiu^t. on upon any judgment obtaindl against a sheriff, or
OCTOBER 1748— SSnd GEOHGE IL ilSS
other cuUector of levies or officers fees^ for anjr debt^
due to any public or county creditor, or for secretary's
county court clerk's, surveyor's or other officer's fees,
put into his hands to collect, but such ex^utions shall
and may be proceeded upon immediately, and no secu-
eurity shall be taken, or further time allowed, any
thing in this act to the contrary nbtwjthstanding.
Xy.l Jnd be itfurilur enacted^ by the authority a- in what c«-
foresaidf. Tbsii no sheriff, or other officer, to whom**«*^^/
any writ uf fieri facias shall be dii*ected, shall take, in^;^^^
execution any slave or slaves, unless the debt and costs,
mentioned in such fieri facias, shall amount to the
sum of ten pounds, or two thousand pounds of tobacco,
provided there be shewn to such sheriff, or officer^ by
the defendant or any other person, sufficient other
goods or chattels of such defendant, witliin the.baili*
wic or liberty of such sheriff or officer, upon which he
may levy the debt and costs, n^entioned in such fieri
facias: And that no collector of any officer's fees, or
of pubiic4 county, or parish levies, shall seise or make
distress upon the slave or slaves of any person, for
such fee9 or levies, if other sufficient disti'ess can be
had: And that no sheriff, or other officer, or collec-
tor of fees or levies, shall make or take unreasonable
seisures or distresses: And if any sheriff, or other offi- p^^^^y tor
cer, or collector, as aforesaid, shall act contrary here* making ua-
to, such sheriff, officer, or collector, shall be liable tohLvfulaei.
the action of the party grieved, gi*ounded upon this*"*^
^ct, wherein the plaintiff shall recover his full costs, ^*> cxew-
aJtho* the damages do not exceed forty shillings. twa»7br to-
Xy IL •And be it further enacted, by the authority a« bMco, be-
foresaid. That no execution shall be levied, nor dis- twe«n 30th
tress made for tobacco, between the last day of Sep- ^^f***
tember, and the last day of December in any year. Deceinb^*
XVIII. And be it further enacted, by the authority p^^^^^^^ J
aforesaid, That if any sheriff, or oilier officer or min-^gminstofficet
ister, shall make return upon any writ of fieri facias, not paying
that he hath levied the debt, damages, and costs, as in I^^'^JltiftrL
such writ is required, or any pai't thereof, and shall °*
not Immediately pay the same, to the party to whom
the same is payable, or his attorney, the clerk of the
court out of which such writ issqed is hereby requir*
ed, upon request of the party, to issue a scire facias a-
gainst such sheriff, or officer* to have execution against
him, for the money so by him levied.
5g6 LAWS OF VIRGINIA.
The manner XIX. And if tlie ^ooils taken bf any sheriflV or o-
of executing f|,g|. officer, or minister as aforesaid, or any part thorc-
dWoiii*^ei[po^^^> shall remain in his hands for want of buyers, h»
DM. shall make return accordingly, s^nd thereupon the writ
of venditioni ex^ionas shall issue^ to such sherifft offi-
cer, or minister directed, according to the form fol-
lowing.
Form of the GEORGE, &c. Greeting: We command you, that
writ. you^xpose to sale those goods and chattels of A. B.
to the value of which according
to our command, you have taken into our hands, and
which you detain for want of buyers^ as you. have cer-
tified to our jtisticcs of our
court, to satisfy C. D. the sum of
whereof in our said court he hath i^ecovered execution
against the said A. B. by virtue of a judgment In the
said court: And that you have, &c.
And thei'eupon such sheriff, or officer shall dispose
of such goods and chattels in any manner, either for
ready money, or u])on credit, as he and the party pro*
seruting such writ shall think best.
XX. Jnd be it further enacted, by the authority a-
forcsaidf That where judgment shall be obtaineu in
ftiethodof is- ^"7 county court, or other inferior court of record, for .
miing execu- any debt or damages, and the person, against whom
^^?^^"^^ such judgment shall be obtained, shall remove himself
a^""^^ ^''and his effects, or shall reside out of the limite of the
county. jurisdiction of such court, it shall be lawful for the
clerk of the court whore judgment was given, at the
rcr^uest of the party for whom the same was rendredf
to issue any writ of fieri facias, or capias ad satisfiici-
endum, in the form, and under the teM herein before
prescribed, and to direct the same to the sheriff of any
county within this dominion, where tlie defendant^ or
debtor, or his goods shall be found; which said she-
riff, or other officer to whom the same shall be direct*
ed, is hereby impowercd and required to serve and ex*
ecute the same, and shall make return thereof to the
court where the judgment was given, in the manner
hei-ein before prescribed and directed.
XX I. dnd be it further enacted, by the authority o/brc-
where pri- said. That if any person or persons, taken or char^
JSIeTiberty ^^^^ '" execution, shall enter into bond with good and
of the nlL. sufficient securities, imder a reasonable penalty^ upoa
OCTOBER 1748— fi2nd GEORGE II. sjfj
t^onditiony that he, or they, shall not depaH or go out
of the rules or bounds of the prison to which lie, or
they, slial) be committed, it shall be lawful for the she*
riflT, or officer, in whose custody such prisoner or pri-
soners shall be, to permit him or them to go out of the
prison^ and return at their pleasui*e.
XXII. And whereas it is not reasonable or just, that
by the practiq^or contrivance of any debtors, thei^ cre-
ditoi-s should oe defrauded of their just debts, and ne-
vertheless it hath often so happened that several per-
sons, having by bonds, or other specialties, bound
themselves and their heirs, and afterwards died, seis-
Xsd of, and in messuages, lands, tenements, and heredit-
aments, have, to the defrauding such their creditors,
by their last wills and testaments, devised the same, or
so disposed thereof, that such creditors have lost their
just debts: For remedy thereof, and that it may not
be in the powier of heirs at law, to avoid the payment of
the just debts of their ancestors, by selling, aliening,
or making over, any I ands, tenements, or hereditaments,
liable to such debts, before any process be sued out a-
gainst them.
XX II I. Be itfiirtlitr enacted, by the authority <lfore*j>^ statute
saidi That one act of parliament, made in the third for relief of
year of the reign of the late king William, and queen creditors i^
Mary, intituled.. An act for the relief of creditors a- |J)^*^^^^'J:
§Biinst fraudulent devises, shall be, and is hereby de-s^s, enactoi.
ared to be in force, within this colony and dominion.
XXIV. And for relief of insolvent debtors, who
shall be taken in execution, and to prevent the long
imprisonment of unfortunsite people, which can be no
benefit, but maybe rather a disadvantage to their credi-
tors: Be it further enacted, by the autliority aforesaid: ,
That if any person or persons now arc, or hereaftershall ^jnloWeut
be, taken orcharged in execution, and shall have remain- debtors dh^
ed in prison by the space of twenty days, it shall bcchaiqg^. '
lawful for any justice or justices of tlie pea( e, of any
county, city, town, or liberty, within this colony, upon
petition of such prisoner or prisoners, by warrant un-
der his, or their hands and seals, to require the sheriff,
goaler, or keeper, of any prison within their respective
jurisdictions, to bring before the justices, at the next
court held for such county, city, town, or Ifberty, the
body of any person being in prison as aforesaid, togeth-
V 3— Vol. 5.
^ LAWSOFVIRGINIAt
^ \vith a list of the several exectttiontf with wUdi te
or she is charged in the said j^oal; wliich warrant e-
tery such slieriif* goaler» or keeper, is berdiy coimBaA-
ded to obey; and notice thereof shall be given to the
party oi* parties, hiSt or tlieir executors, ad^lini^tratQlrs^
or agents, at whose suit such prisoner shall be in exe-
Gutto^'; and such prisoner CQming before the justice^
shall in open court, subscribe and deliver in a acbed^
ule of his whole estate, and make oath, art swear to the
effect following, that is to say.
.^^ I A. B. do, up6n my corporal oath, in the prcsenod
^jj^"**^* ^f Almighty God, solemnly swear, profess, and declare,
that the schedule, now delivered and by me subecribedt
doth contain, to the best of my knowledge and remem-
brance, a full, jlist, true, and perfect account, and disr
CO very, of all the estate, goods, and effects, unto me a*
ny ways betonging, and such debts as are to me ow*
ing, or to any person in trust for me, and of all aecari«
ties and contracts, whereby any money may hereafter
become payable, or any benefit or advantage accmeto
tne, or to my use, or to any other person or peraops in
trust for me; and that I, or any other person or pec-
sons in trust for me, have not land, money, stock* or
any other estate, real or personal, in possesaioiit ick
version, or remainder, of the value of the debt or deUs*
with which 1 am charged in execution; and that Ibijm
not, directly or indirectly, sold, lessened* or otherwise
disposed of in trust* or concealed, all or any part of
my landfi, money, goods, stock, debts, securities* con-*
tracts, or estate, whereby to secure the same^ to r^
ceive, or expect, any profit or advantage thereof or to
defraud or dereive, any creditor or creditor^, to whcMD
I am indebted, in any wise howsoever*
80 help me God.
Wliich schedule being so subscribed, in the presenov
of the justicos, in open court, is to remain with th|f
clerk of the court, for the better information oC tibe
creditors of such prisoners.
How tiich XXV. Jind be it further enaetedf by the auUoribLM'
debtor's et- foresaid, lliat all tne lands, tenements* and herecuta^
^^^^«^ ments, which shall be contained in such schedjule* fi^
ffi^iosedof. gy^Ji uge^ interest, right, or title* as such. prisoner ^
prisoners, then shall have in the same* which be* or
she^ may lawfully depart withal, and also all gpods and
. chattels whatsoever* in such schc^ulp contained^ sUB
OCTOBER 1748— S2nd GEORGE IL 1(39
be vested in fhe sheriff of the county wherein soch
land9> tenements^ hereditaments, goods or chattels shall
lie, ar be fbund; and such sheriff is hereby authorised
impowered, and required, to sell and convey the sainef
to any person or persons whatsoever, for the best price
that can be got for the same, and the money arising
by such sale, shall be by such sheriff or officer paid to
the creditor or creditors, at whose suit such prisoner or
prisoners shall be imprisoned; saving to every such
prisoner, his, or her necessary apparel, and utensils of
trade.
XXYI. And that after delivering in such schedule, Vwrnct't
and taking such oath, as aforesaid, it shall be lawful diachMg;?.
for the JMstices of the said courts, by their order to
command the sheriff, goaler, or keeper of any prison,
within their respex:tive jurisdictions, forthwith to set
at liberty such prisoner; Which order shall be suffi- sheriff in?
clent to discharge and indemnify such sheriff, or qffi- demnified.
cer, against any escape or escapes, action or actions
whatsoever, which shall or may be brought or prose-
cuted, against him or them by reason thereof; and if
any action shall be commenced against any sheriff, or
officer, for performing his duty in pursuance of this
act, he may plead the general issue, and give this act
In evidence.
XXVIl Provided alioaySf That notwithstanding ButcreditM
such discharge, it 8hal( be lawful for any creditor or "^y^**^
ei*editors, '^t whose suit such insolvent prisoner was^^JJ^^^
imprisoned, at any time afterwards to sue out a writ ninst such
. of scire facfaSf to h^ve execution against any lands or debtor't e9-
teuements, goods or phattels, which such insolvent per- ^^*
son shall thereaft;er f^cquire, or be possessed of.
• XXVIII. Jftd he if/tfrl/ter enacted, by the authoritu lawlvent
tiforesaid. That where any person now is, or hereaf ^^^^J^^P'K
ir shall be^committed, for any debt, or damages what- ^a1^ ^
soever, and shall i^ot be able to satisfy and pay, his, or county, for
ber ordinary prison fees, Quch of the said fees as shall ^^ ^"^ ^
become due for the first twenty days imprisonment, ^^[Ji^^,,^
shall be discharg^ by (he couilty; and the sheriff, or by the cred-
Scaler, may demand and recover of tb^ party or par- itor, if he re.
,ties, at whose suit such insojye^it person shall be im- ftM««^«riff
'prisoned, all such fbes as shall become due after tlie jj^'^^j^^g^^
eaqnratioii of the said twenty days^ until the credi* ^^
540 *-A.WS OF YIRUINIA,
tor shall agree to release such prisoner: And if the
creditor^ upon notice thereof given to him or her, his
or her attorney, or agent shall refuse to give security
to the sheriff or goaier, for payment of such prison
fees', or shall fail to pay the same when demanded, ei-
ther in tobacco, or money, at the rate of ten ahiiliogs
per hundred, it shall and may be lawful for the sher-
iff, or goaler, to discharge such debtor out of prison,
^ut creditor Proridcd ntverihcless^ That such insolvent prisoner
may reco^r shall be afterwards- liable to the action pf the creditor,
Sc^debtor *^ recover such fees; and such creditor shall and may,
notwithstanding his consent to the releasing such pri-
soner, at any time afterwards, sue out a scire facias,
to have new execution against the lands and tenements,
goods and chattels, of such prisoner, in cas^ he, or she,
shall afterwards become possessed of any.
Bxecutions XXIX. And he it further enacted, by the authority a-
foTtx^hng foresaidf That where any writ of exeirution shall, af-
S hi current ^®'' ^^^ passing of this ai t, be sued out upon any judg-
raoney, atssment, decree, or recovery, had, or to be had, or ob-
^rcent ex-tained, in any court of record of this dominion, for
^*"^ sterling money, the sheriff, or officer, to whom such
writ shall be directed, shall levy the same in current
money, at the rate of twenty five per cent, advance up-
on thf sterling for a difference of exchange, and not
otherwise.
Repealing XXX. And be it further enactedf by the authoriifi
clause. qfiresaid. That all and every other act and acts, clause
and clauses heretofore made, for or concerning any
matter or thing .within the purview of this act, shall
be and are hereby repealed.
Commence- XXXI. And be it further enacted, by the authority
meut QfiKvBoforesaidf That this act shall commence and be in
^itet force from and immediately after the tenth day of
June, which shall be in the year of our lord on^ tliou-
sand seven hundred and fifty one.
1
OCTOBER 1748— 22nd UEOROE II. 541^
CHAP. XIII.
dffn Jict directing the method oj trial iff criimiiwh for\fwm edit.
capital offences; and for other purposes therein men- ^^^J
tioned. '
I. ¥1^ Oil establishing one certain and uniforoi me-
,r tliod lor the trial of criminals^ for capital of-
fences, Be it enactedf by the Lieutenant-Ooroemort Coim-
cil and Burgesses f of this present General Assembly ^ and
it is hereby enacted^ by the authority of the same^ That ^^^ • ^
when anj person, not being a slave, shall at any time ^^J^^^
hereafter be committed to any county goal, by precept agtinttcrai.
from a justice of the peace, for any criminal offence, inaU; notbe-
8uch justice shall forthwith issue his warrant, to the*"8^*'*7^*
sheriff of his county, requiring him to summon the jus- bya'j^^rticc.
tices of the same county, to meet at their court house,
on a certain day in such warrant to be appointed, not
* less than five nor more than ten days after the date
thei*eof, to hold a court for examination of the prison-
er, and of the witnesses, and circumstances of the f*<^^^^^^^J^^**
wherewith he, or she stands charged, and to consider^
whether, as the case shall appear to them, he, or she,
may be discharged from further prosecution, or may
be tried in the county, or must be removed from tlienre,
to be tried in the general court, or court of oyer and
terminer: Which warrant the sheriff is hereby requi-
red to obey, and execute, and by virtue thereof the
said justices shall and may lawfully meet, and hold
court for the purposes afoi*esaid; and if upon exami-
nation before such court, they shall be of opinion, that
the prisoner ought to be tried before the general court,
or court of oyer and terminer, they shall enter such ComaitaioBLt
their opinion upon record, and remand the prisoner to|^* ^^
the county goal; and thereupon it shall be lawful for ^^'^^
any two justices of the said court whereof one shall be
of tlie quorum, by warrant under their hands and seals,
directed to the keeper of the public goal, to remove
such prisoner, and him, or her to commit to the said
public goal, there to be safely k^pt, until he, or she, be
thence delivered, by due course of law: By virtue of
which warrant, the sheriff shall, as soon as he con-
veniently may, remove such prisoner, and deliver him,
or her, together with such warrant, to tlie keeper of tha
said goal^ for the time being, who is hereby required
54!l I-AWS OP VIRGINIA,
to receive such prisoner^ and him» or her^ in lib safe
custody to keep, pursuant to such warrant, to him di-
rected: And for the better enabling tbe sheriff safely
to convey, and deliver surh prisonor^ or prisoners, It
shall be lawful for the said two justices, by viarranl
under their hands and seals, to impower the sheriff, as
well in his own county, as in all other counties* and
places he shall pass tlirough, with such prisoner or
prisoners, to impress such and so many men, horses,
sloops, or boats, as shall be necessary for the safe con-
veying him, her, or them, to the public goal aforesaid:
tmpw« "nt^ Which warrant the sheriff, or officer, is hereby author-
oesBftryaBsts-ised and impowered to execute, and all persons are re-
tance. quired to give due obedience thereto; such sheriff, or
* officer, proceeding therein as the law directs, upon im-
ih^^^^^Ui'*^ pressing in other cases for the public service: But
IkctnLy^e where the court held for examination of any such pri-
tried in the soner^ as aforesaid, shall be of opinion that the fact may
^•on*7- be tried in the county, in such rase, he, or she, shall
be bound over to the next grand jury court, to be held
for that county, for trial, or upon refusing to give suf-
ficient bail, shall be remanded to the county goal, there
to remain until such court, or until he^ or she, shall
be bailed.
Prisonetmay !"• Provided always. That where any person under
^hailed, if criminal prosecution, is by law bailable, he, or she,
Jtgally baila- shall not bc removed from the county, to the public
'**®* goal, in less then twenty days after recommitment, or
being remanded as aforesaid, but shall and may be ad-
mitted to bail within that time, or at any time after-
wards before trial.
Witnesscfto III. And hcit farther enacted, by the authority a-
he bound to Joresaid, That upon every commitment of any person
^ppw. f^^ ^^y capital or criminal offence, the justice, or jus-
tices committing him, or her, shall cause all the wit-
nesscss to enter into recognizance for tlieir appearance,
' ' to givci evidence at the trial: And if upon the first
.Msbnemiaj commitment, the prisoner shall desire any witnesses
JJ*];^J*J^^^' on his, or her behalf to appear, before the court to be
moaed. ' l^^'<i ^^^^ ^^^^f ^^ l^^*" examination, the sheriff, upon re*
quest, shall forthwith summon such witnesses to attend
the said court; and if after being remanded, or com-
mitter! to the public goal, the prisoner shall desire any
Witness, or witnesses to bc summoned the sheriff, or
goaler, shall immediately give notice thereof to the
rM
OCTOBER lT4S--2dnd GEOTIGE IL 949
MQiity conrt clerk, or to the clerk of thp secretary's
office, as the case shall require, who shall thereupon
forthwith issue one or more subpoenas, for such wit-
nesses to appear, and give evidence at the trial.
IV, ^nd oe itfurther enacted, by the authority afore' Public goal-.
said. That when any general court or court of oyer «' »^y *m»-
and terminer, shall be sitting, it shall he lawful for the P?«»*rM*
keeper of the public goal, by ordt-r of such court, ^^ prison fee
impress a guard for the safe keeping all such prisoners for keepings
in his custody, and that the fee due to the sheriff, or pritoner.
public goaler, for keeping and dieting any such prison*
er, shall be five pounds of tobacco per day, and no more:
And where the criminal sliall be convicte^l, and hath ^"""",?!]J, "
estate sufficient to defray the charge of prosecution, S^ftmy^
the whole shall be paid out of the delinqueht^s estate, cost* of pio-
and the county, and public, only then chargeable, tecutiMk. t
where no estate, or not sufficient, can be found, or dis-
covered.
y. JInd be itfurther enacted, by the authority afore- Gnnd joni»
said. That it shall and may be lawful for the sheriffof ^^^« ^^
the county of York, and the sheriff of the county of jf^^liJ^
James City, for the time being, upon writs to them di-
rected out of the secretary's office: Which writs the
clerk of the said office is hereby impowered and re-
quired to issue six days* at least before the day of hol-
ding every court of oyer and terminer, to summon,
each of them, twelve good and lawful men, being free- .
kolders of their respective counties, to appear, and at-
tend at such court of oyer and terminer; which twen<-
ty four freeholders, or so many of them as shall appear,
shall be of a grand jury, and it shall be lawful for suck
grand jury to enquire of, and present, ail treasons, fe-
lonies, and other offences, cognizable by the justices of
oyer and terminer, which shall have been committedf
•r done, in any county or counties, within this colo-
ny of Virginia; and if any of the freeholders so sum-
moned, shall fail to appear, and attend the said court, pint, if the/
it shall be lawful for the justices thereof, to fine every fiultoi^^pMt:.
freeholder, so failing, not exceeding four hundi*ed
pounds of tobacco.
. VI. Md be itfurther enacted, bu the authority afore* ^^^^
said. That when any person shidl be committed to the ^^^^ ^ ^
public goal of this colony, for treason, or felony, for pablic go4.
which such person may be tried before the court of
oyer and terminer, or before the general court, the
'544 LAWS OF VIRGINIA,
siierifTy or other officer bringing such person to the piA-
lic goalf shall immediatelj give notice to the cimc of
the general court, for the time being, oF such commit-
ment, and the cause thereof, and the parish and coun^
where the fact, for which such person was committed
shall be alledged to be done; and thereupon the said
clerk shall issue s( writ, directed to the sheriff of die
Venire^ for county where such fact was committed, thereby com*
as jurors of manding him to cause to come, twelve good and law*>
the vici&age f^j ft^eholders of his county, residing as near as may
be to the place where the fact is alledged to have beeR
committed, before the justices of oyer and termioeff
on the first day of that court, or the justices of the gen*
eral court, on tlie sixth day thereof, then next com{n|^
and to return a panel of their names; which twehrt
freeholders so returned, or so many of them as shall l^
pear, not being challenged, together with so many ^
ther good and lawful freeholders of the by-stahders, M
shall make up the number of twelve men, shall be, aol
are hereby declared to be a lawful jury, for the trial ot
any person or persons, indicted of treason, or felony^
committed or. done in any county or counties of this oo*
> lony, before the justices of the court of oyer and teral«
ner, and the justices of the general court respectitoly:
Venireman's And every venire man, so summoned, appearing ami
pfty* attending such court, shall be intitled to the same d-
lowance for travelling and attendance, as bylaw isp#6-
vided for witnesses at tlie general court: And if aty
Fine, on fai- person 80 summoned, and returned on the panel to
lure of ap. g^rve on the petit jury, before the justices of oyer attd
pearance, terminer, shall fail to appear and attend, it shall b«
lawful for the justices of the said court, to fine every
person so failing,|not exceeding four hundred pounds rf
tobacco: Which said fines, herein before mentioned,
shall be to otir sovei'eign lord the king his heirs mila
successors, for the better support of the government of
this colony, and the contingent charges thereof.,
VII. Jnd be UfurtUer enactedi by the authority Q/bre-
Prisonermay saidf That in all trials for capital offences, the prison-
havecounsel. ^^ ^jp^,^ |jjg petition to the court, shall be allowed coun-
o fifi ti ^^^' ^^^ ^^^^ *^^ person shall be qualified to be of the
M'^jnror,^" P^^»* j""*)^* f'"' ^^^ ^■''^' of treason, felony, orotber crim-
inal offence, in the 9ourt of oyer and terminer, who
shall not be a freeholder, and possessed of an estate,
real and personal, of the value of one hundred (NHinds
OCTOBER 1748— ££Qd GEORGE IL 545
current money, at the least: Bat no exception taken i^^uflteicncy
to a juryman for the insufficiency of his estate, shall ^J^J^*^^JJJ,
be aHowed, unless the same be made before he is sworn lenge after a
of the jury: And if any challenge shall be made fopjuroris
the king, of any of the twelve jurors, so as aforesaid ^^^J"-
returned by the sheriff of the county where tlie fact iSthekiiT/*
alledged to be done, good cause of such challenge shall shall be up-
be shown. . < ®" g«>od
cause.
yill. But forasmuch as the summoning twelve free-
holders, from the county where the fact is committed^
is very burthensome and expensive to the public, as
well as grievous to many of his majesty's subjects, who
live in the remote counties, and most of the felonies and
other capital offences committed in this colony, are
perpetrated and done by persons who have been con-
victed of felony, or other crimes in Great Britain, or
Ireland, and there sentenced to be transported for the
same^ and it can be no benefit to such persons; who are
commonly servants, and little known in the neighbour- »
hood where they live, to have a jury of the vicinage,
but they may be as fairly and impartially tried by a ju-
ry of the by-standers: Be itthei*efore further enact ^if^'"^
edt, by the authority aforesaid. That when any person y;*t^ for'ca.
charged with a capital offence^ shall be examined be- pitalofiences
fore the court for that purpose to be summoned and
held, such court shall have full power and authority to
inquire, by such means as they shall think necessary^
whether such person has been convicted in Great Bri-
tain, or Ireland, of any felony, or otlier crime, and
there sentenced to be transported for the same, and
whether the time for which such person was sentenced
to be transported, be expired, and if.it shall appear to
such court, that the criminal has been so convicted
and sentenced, and tliat the term of transportation
is not expired, the court shall cause the same to be re-
corded, and the clerk of the court shall certify such i-c-
cord; upon the back of the warrant of commitment to
the public goal, and upon such certificate, so endorsed,
the clerk of the general court shall not issue any writ
to summon a jury of freeliolders of the county where
the fact is alledged to be committed, but such pc^rson
shall be tried by a jury of the by-standers, in the gen-
eral court, or court of oyer and terminer.
\r3— Vol. 5.
gy,with(
reaoiag.
546 LAWS OP VIEGDilA,
PriovUed ntverikeUsSf That no povondndl ke qtni-
ified to be of sach jury^ uiiIms he be a freeboldery ud
possessed of an estate, real and personalf of the rtim
of one hnndred pounds cnrrent money, at least.
And that upon every snch trial the prisoner sUD
have benefit of challenges, and all other advantagts
vrhich he, or she, might or could have, if the trial was
by a jury of the vicinage*
wherefelons ' IX. And for settling the law in relation to thebeae-
connct thaUfit of clergy, to be allowed to felons convict, R i$ hat-
^t rfderl*yA»'^*^ enncted, mddeclaredf Tbatwher© by any
gy, without 'iM;t of thei parliament of England, made before Ike
fourth year of the reign of the late king James llie
first, the benefit of clergy is taken aWay from miy d-
fence, the same shall be adjudged to be taken awaj
from the like oflRence committed in this colony, in res-
pect to principals, and accessories, standing mate er
challenging a greater number of tiie jury than tbo lav
fdlows; and that where a man, convicted of felony,
« ' may demand the benefit of his clergy, if a woman be
convicted of the same, or the like offence, upon her
prayer to have the benefit of this act, judgment e(
death shall not be given against her, upon such con-
viction, nor execution awarded upon any outlawry ibr
such offence, but she shaU sufl^r the same pmrishmeat,
as a man should suffer, that has the benefit of clergy id-
lowed him, in the like case: That is to say, sMI be
burnt in the hand by the jaylor, in open court, aaiiAill
be afterwards dealt with^ as a man in like case arin^
be; And if any person be convicted of a fidonj, sir
which he ought to have the benefit of dergy, and ohiH
pray to have the benefit of this act, he shall not he ie>
quired to read, but without any reading shall be allmr-
ed, taken, and reputed to be, and punished as a derkcsa*
vict, which shall be as effectaal to all intents toAfm-
^ poses, and as advantageous to him, as if he hadrt«dis
y a clerk, any law, or statute, to the contrary nolwilh*
Convicts un- standing.
der sentence X. And whereas convicts, as well as negroes, mi^
utionrfK^^^^ lattos, and Indians, are commoidy of such base asd
negroes, mu. corrupt principles, that their testimony caanol ba^
uttos, and pended upon: To prevent the mischiefs which wnj
Indians, shall {n^pp^n^ jjy admitting such precarious evidenoej Jlit^
JI^ «; further enacUd, iy the autharUy trfbr€$aidf Thai no
cept for person convicted, and sentenced to transporta^on, m
OCTOBER ir48~S2iid GBOROE IL 547
is herein before recited, stmli be adnitted in any court or ^^mt
of this colony, or before ady justice of peace, to be^J^^^**^"
sworn as a witness, or to give evidence in any cause, ^^^
ciyil, or criminal, except against or between any other
convicts, untU the term for which such person was sen-
tenced to be transported, shall appear to be fully ex-
pired: And that no free negroe, mulatto, or Indian,
shall be admitted or sworn a witness, in any cause what-
soever, except against or between negroes, mulattos,
or Indians.
XI* JStnd (f U further enactedf by the atilAm^y Repealing
i^aresaid. That all and every other act and acts, clause.
clause and clauses heretofore made, for or concerning
, any matter or thing within the purview of this act>
shall be and are hereby repealed*
XII. Jtnd be U further enacted, by the authority commence.
aforesaidf That this act shall commence andbeinment of this
force from and immediately after the tenth day of *^
June, which shall be in the year of our Lord one diou-
sand seven hundred and fif^ one.
CHAP. XIY. irST^
act was re-
Jln Jlct cmiceming\8ervamt8f and Slaves. p«alcd, by
prockmau-
I. Xi £ ^ enacted, by the lAeutenant'Oavemor, Cmn- to chim. 2V
*m3 cU, and Burgesses of this present Oeneral w9s- Howjtonjg^
umbly, and it is herAy enacted, by the authority ofthe^^^j^V^
sanu. That all servants, except convicts, imported J^JiS^'
into this colony without indenture, if they be christians, ture, sha)!
of christian parentage, and above nineteen y^ars of*^i^^*
age, shall serve but Ave years; and if they be undw
nineteen, 'til they become twenty four years of age,
and no longer: But every such servant, under nine-
,teen, shaU be brought, within six months after his, or
her importation, b^ore the court of the county where
the master lives, and his, or her age adjudged by the
ooort, otherwise shall be a servant no longer than the
accustomary five years, altho' under the age of nine-
teen; and the age of sucii servant, so adjudged and re-
corded, shall be accounted his, or her true age, in res- '
pect to the time of service.
II. And that all persons who have been, orshall be^^^^uOlbs
imported into this colony, by sea or land, and were not •'•^^
548
LAWS OP VIRGINIA.
Penaltj for
seHing free*
men as
sUret.
What shall
be no 4J|- •
charge from
slaveiy.
Children
l^ood or free
according to
their mo-
ther's condi-
tion.
Mast^Hs ^u-
ty to^^
vantf.
christians in their native coantry; eacs^t tnrks and
moors in amity with his majesty, and such who caa
prove their being Tree, in England, or any other chris-
tian country, before they ^^ere shipped for transporta-
tion liiiher, shall be acconnted and be slaves, and as
such be here bougiit and sold, notwithstanding a con-
version to Christianity after tlieir importation.
III. And be it further enadedf by the authority o/bn-
saiiU That if any person shtill import into tiiis coionyi
and here sell as a slave;^ any person or persons who
have been free, in any ohrtstian country, island, or
]ilantation, such impoiler and seller sliall forfdt aad
pay, to the party «f mm whom such free person shall
recover Iiis, or her freedom, double the sum for which
snch free person was sold, to be recovered in any court
of reconi of this colony, with costs, according to the
course of the common law, wherein the defendant shall
not be admitted to plead in barr, any act or statute, fiwr
limitation of actions. -
IV. Provided always f That a slave's being in Eng-
land shall not be a discharge from slavery, without o-
ther proof of being manumitted there^ and that bi^
tism of slaves doth not exempt them fNmi bondage:
Apd that all children shall be bond, or free, accordiag
to the condition of their mothers, and the particular
directions of this act; ^nd where any female mulatloi
or Indian, by law obliged to serve HM the age qtibir*
ty one years, hath beeii or shall be delivered of any
child, during the time of her servitude,^ such child shall
^erve the niaster, or- mistress of such muhUto or In-
dian, until it shall attain the same age the mother of
such child was obliged by law to serve unto.
y. And he it further enacted, by Ukc antharity afoire^
^aidj That all ma9ter9 and owners of servants, by act
of parliament, indenture, or custom, shall find and pro-
vide for them, wholesome and competent diet,' doath-
ing, and lodging, and shall not give inmodmUie corr
rcction, nor whip any christian white ser^mt naked,
without order from a justice of peace: And if atiy
person shall presume to whip a ehristian white ser-
vant naked, without such order, he, or she, anofoidttg,
shall forfeit and pay fifty shillings curi*ent money, ta
tlie party injured, recoverable with costs, upon com-
plaint made to the county court, within sir month* af-
ter such whipping.
:fc" '*
OCTOBER 1748— send GB0H6E II. 549
YL And that all comi^IaiDta of servants made to a^^usticesshall
jtwtlcc of peace, shall bt» by him received,4ind if there- ^^tll^J^^'
1 I ■! I I • I XI x ▼ant'8 coDi-
upon lie shall see cause, he may bind over the master, plaints.
or owner, to appear before the next court held for his
county, to answer such complaint, where the same shall
be heard and determined: And all petitions of servants,
to the couK of tlie county wherein they reside, for diet, Proceedings
cloathinf^, lodging, correction, whipping, freedom, or**P®'*9«^.
freedom dues, shall be received at any time, without JJ^^Jj^"^
the formality of an action, and such court is hereby de- court.
clared to have jurisdiction and authority, (the master
or awner of the petitioner being fii*st summoned to ap-
pear) to hear and determine the matter of every such
petition in a summary way, and to award execution
thereupon: And where the same shall relate to diet,
cloathing, lodging, or correction, the court may make
such order as to them sliall appear just and necessary;
and if the master, or owner, will not comply with such
order, the court may, upon a second complaint, or pe-
titioBy order the servant, so petitioning, to be immedi-
ately sold by the sheriff by ]>ublic auction, for the re«>
sidueofhis, or her time of s<^vicc, then unexpired,
and the money, or tobacco* arising by such sale, after
charges deducted, shall be paid to the owner, when de-
manded^ and if such servant be sick, lame, or disa-
bled, so that he, or she, cannot be sold for so much, at
least, as will satisfy the fees and other incident char-
ges, the couK shall order the church wardens of the par-
ish to take care of, and provide for such servant, 'till
the exjuration of his, or her time of service, or until
he, or she, can be sold for defraying all charges, and
moreover, the court shall, from time to time, order
the cliarges of keeping such servant to be levied, by
distress upon the goods and chattels of the master, or
owner.
VIL And that no master or owper shall, during the No contracu
time of service, make any contract, or bargain, with^^^J^^
Ub, or her servant, for further service, or other mat JJJJJSii, ^
ter #r thing relating to liberty, or personal profit, un- lett in coon.
less the same be made in tlie presence, and with the ap-
probation of the court of the county wherein the mas-
ter or owner resides: And if any servant shall at any Senrants
time bring in goods, or money, or during the time of^H b»ve
their service shall, by gift, or any otiier lawful means, of*t£li^^^
acquire goods or money, they shall have the property effects.
SoO
LAWS OF VIRGINIA,
K damages.
yrcedom-
sick or lame and benefit thei*cof to their own use: And if any scr-
^^'^b"*d™'^^ vant shall be sick, or lame, and so becomes iisejess or
charged. *" charijeable, his or her master or owner shall luainlain
such servant, until his or her whole time of service
shall be expired; and if any master or owner sliail
put away a lame, or sick servant, under pretence of
freedom, and such servant becomes chargeable to tito
parish, such master or owner snail forfeit and pay ten
T'^dwnaffM pounds Current money to the ciiurch wardens of the par-
ish whereio such offence shall be committed«to the use
of their parish recoverable wiili costs, by action of debt,
in any county court nf tliis colony, and moreover shall
be liable to the action of the said churchwardens, at
ilie common law for damages.
VJII. And that every servant, male or female^ not
having wages, shall, at the expiration of his. or her
time of service, have and receive three pounds ten shiU
lings current money, for freedom dues, to be paid by
his, or her master, or owner; and in case of refusal,
recoverable with costs, by petition to the county court,
in manner herein before directed*
IX. And be it further ^enacted f by the a^Uhority afort-*
saidf That no ncgroe, mulatto, or indian, altho' a dirts-
tion, or any Jew, Moor, Mahometan, or other infidel,
shall at any time purchase any christian servant, nor
any otlier, eltcept of their own complexion, or such as
by this act are declared slaves: And if any of the per-
sons aforesaid shall nevertheless presume to purchase
a christian white servant, such servant shall immedi-
ately become free, and be so held, deemed and taken:
And if any person, having such christian servant^
shall marry with a negroe, mulatto, indian, jew, jnuor,
mafiometan or other infidel, such servant shall there-
upon become freed from all service then due to such
master or mistress.
Fenftltytrpon X. Andthatnoperson whatsoever shall boy,sell, or
draWrug with receive of, to op from any servant^ or slave, any coin
si3^"^J!ith?'^^'*^^™"'^^^*y whatsoever, without the leave or con-
* *^** ' sent of the master or owner of such servant, or slave:
And if any person shall presume to deal with any aer-
vant, or slave, without such leave or consent, lie or she
so offending, sliall be imprisoned one calendar month,
without bail or mainprise, and then remain in prisMif
until he or she give sufficient securify, in the sirai of
ten i>ounds current money^ for the good bdiavioor ibr
Who may
nofhave a
diiistianse
vant.
o»t leave.
OCTOBER 1748— «2nd GEORGE 11. 551
one yeal* following^ wherein a second offence shall be
a breach of the bond; and moreover, such offender
dbali forfeit and pay four times the value of the thing
so bought, sold, or received, to the master or owner of
such servant, or slave; to be recovered with costs by
action upon the case, in any county court of this domi-
nion: And when any person, convict as afoi*csaid, shall
not immediately give such security, for the good beha-
viour, the court shall order thirty nine lashes, welt
laid on, upon the bare back of such offender, at the
common whipping {mst, and he or she to be thereupon
discharged of giving such bond and security.
XI. Jind be it further enacted^ by the autlunity afore- Duty of ser-
saidf That ail servants shall faithfully and obediently, vanu
ail the whole time of their service, do all their masters
or owners just and lawful commands; and if any ser- T^«'»fpiin-
vant shall i-esist his or her master, mistress, or over- J^ase of resls.
seer, or offer violence to any of them, such servant shall, unce.
for every such offence, be adjudged to serve liis or her
master or owner one whole year, after the time by act
of parliament, indenture, custom, or former order of
court shall be expired.
XII. And that in all cases of penal laws, where free j^„^^yi^^,^
persons arc punishable by fine, servants shall be pun- they trans-*
Ished by whipping, after the rate of twenty lashes forgre's8i><.u«i
every five hundred pounds of tobacco, or fifty shillings ^**^»-
current money, so that no servajit shall receive moi*e
than forty lashes at one time; unless such offender can
proaire some person to pay the fine.
XUI. And to the end poor people may not be des-
titute of employment, under suspicion of their being
servants, as well as to prevent servants running away;
It is hereby further enactedf That every servant,
upon expiration of his or her time, and proof thereof ^"^*V*
made before tlie court of the county wheitJ he or she JhiS^hare*»
last served, shall have his or her freedom recorded, certificate.
and a certificate thereof under the hand of the clerk;
which shall be sufficient to indemnify any person for
entertaining or hiring such servant, and if such certifi-
cate shall hap|>en to be torn or lost, the clerk, upon
request, shall Issue another, reciting tlierciu tlie loss
of the formeri And if any person shall harbour or en- Penalty oo.
tertain a servant, not having and producing such ccr- harbouring
ttficate, he or she shall pay to t\\b master or owner of ^*"^g'^ *
such servant, thirty pounds of tobacco, for every nat- catc.
552 LAWS OF VIRGINIA,
unil day, he or slie sliall so harbour or entertain soch
runaway, recoverable with costs, by action of debt, ia
any county court of this dominion: And if any nyia-
Panishment way shall make use of a forged certificate, or after de.
of servants ijvcry of a true certificate* to the person hiring him or
S'o?sto?eT J'er, shall steal the same and thereby procure other e«.
certificate, tertainment, the person entertaining or hiring, shaU
not be liable to the said penalty, but such runaway,
besides making i-cparaiion for loss of time and charges
of recovery, in the manner herein after directed, sliall
stand two hours in the pillory, on a court day, for ma-
king us(i of such forged or stolen certificate^ and the
4 , person forging the same shall forfeit and pay tea
aons for^e poinds current money, one moiety to the king, his heirs
and succesJ^rs, for the better support of tliis govern-
ment, and the contingent charges thereof, the otter
moiety to the owner of sucii runaway^ or the informer,
recoverable with costs, in any county court of this do-
minion; and on failure of present payment, or security
for the same within six months, such oflTender, shall re-
ceive tliirty nine lashes on his or her bare back, wdl
laid on, at the common whipping post: And where a
runaway shall happen to be hired upon a forged certifi-
cate, a!id afterwards denies the delivery thereof, theo-
iius proband! shall lie upon tlie party hiring such nm-
/ away*
' XIV. And to encourage all persons to take up ran-
Rewards ft)r ^^.^y^^ Bc Ufiirtlier en(icte(U by the authority afaresoidf
m^wayS That for every runaway servant, or slave, taken up
ten miles, or more, frc»m his or her usual place of a-
bode, the taker up shall be entitled to a i*eward of
two hundred pounds of tobacco; but if under ten, and
above five miles, one hundred pounds of tobacco; which
shall be paid by the public, in the county, where such
taker up resides, and be levied by the public upon the
master or owner of the runaway: But the taker up
The method shall forthwith bring such runaway before a justice of
of proceed- peace, of the county where he or she shall be taken, to
ing with ^^ examined; and if thereupon such servant, or slave,
^^^"^ appeai-s to be run away^ the justice shall grant the ta-
ker up a certificate reciting his or her proper name
and surname, the county of his or her residence, the
name of the runaway, the proper name and surname
of liis or her owner, and the county wherein he or she
resides, tlte time and place whejfi and where the nma-
„.^
OCTOBEil 1748'— £$nd GEOJt^E 11. 558
way \9as taken, and the distance of miles, intbe judg-
teent of the justice, from the house or quarter where
file runaway was usually kept; and such justice shall
iilso issue his x^arrantto the ifext constable, requiring Constable*
him to receive such runaway,' and give him or her such ^^'
a rtomber of lashes as the said justice shall think fit
to direct, nor exceeding thirty nine, and then him or
her to convey and deliver to the next constable, and so
from constable to constable, until the rul^lWay be deli-
"tered to his or her owner or overseer: And every con-
stable to whom such ronaway and warrant shall be
produced, shall execute the same, and give a receipt
upon delivery of the ruaway to him, under penalty of
forfeiting aiid paying two hundred pounds of tobacco^
to the churchwardens of the parish whereiri such con-
stable itves, recoverable with costs, by action of debt»
in any county court, to the use of such parish: But
the corporal panishment, herein before directed to be
giten to runaways, shall not deprive the master or
owner of any servant^ from the satisfaction by this
act requil*ed to be made by servants for running a-
Way.
XV .And he it further enacted, by the authafit^ a- Hum^way not
foresaid. That every negroe, or other person, taken decUringthe
up and brought before a justice of peace, and who can- "«»« ©^ bi»
not, or win not, declare the name of his or her o\ener, bT^JSmmH^
«hall be committed to the goal of the county where ta- ted
ken, by warrant under the hand of such justice; and
the sheriff or goaler, to whose custody such runaway
shall be committed, shall forthwith cause notice there-
of, and a description of such runaway, and his or her
cloathing, to be pbblickly affixed at the door of the
court-house, and there continued two months, if no Proceedings
owner appears within that time: and shall also send a thereupon.
copy thereof to the clerk or reader of every church
within his county, to be by him published, and affixed
in some oiien and convenient place near his church, e^
very Sunday during two months after the date thereof,
tmless the owner appear sooner, under penalty of five
hundred pounds of tobacco, on every sheriff or goaler^
and two hundred pounds of tobacco on every clerk ot*
reader failing, one moiety to the king, his heirs and
successors, for the better support of this governmetit
and the contingent charges thereof, th6 other moiety
X 3— Vol. 5.
554 ^AWS OF YIROINIA,
to. the informer^ recoverable with costs^ by ttctioii eC
debt^ or inrorm^tion, in any coUnty court: Bat bqA
runaway shall be delivered to bis or her owner wbem
demanded, he or she satisfying the sheriflTs feest and
also two hundred pounds of tc^acco, or twenty shil*
lings for the taking up: Aqd that if within two montbB
after such commitnaent, no owner appears or claiias,
the sheriff shall deliver such runaway to the next coa-
stable, to be conveyed from one constable to anotliery
'til brought to the public goal of this colony, and dcfi-
vered to the keeper thereof, by such warrant, and to
receive auch punishment as is herein before dtmted^
and the s^id keeper is hereby required to receive audi
runaway into his safe custody, and give a receipt, and
shall also publish advertisement, and a descrij^on af
the pet-son -and cloaths, in the Virginia Gazette, aid
continue the same three months, if po owner appears;
and it shall be lawful for the said Keeper, upon ap^
. cation to the nearest county court to the said goa]» wUfc
consent of the said court, to let such runaway to hire,
to any person by them approved of, for money or to-
bacco, and for such term as shall be b; them directed,
and out of the hire 'arising thenby, all charges for
taking up, imprisonment, conveying to goal, raainttt*
ning, and releasing such runaway, shall be first paid,
and the overplus disp<ised of as such court shall direct
but the said keeper shall cause a strong iron collar^
with the letters P. G. stamped thereon, to be pot tm
the neck of every runaway so liired out, at the iSme of
delivering him or her to the person hiring* which shall
indemnify him from any escape afterwards: and for
ewvy runaway so hired out, the- keeper of the said
public goal shall be allowed one fee for commitment,
and the same for releasement, and no more: and if
any ^uch runaway shall happen to die in goal, the re-
ward for taking up, and all other fees incideaC
shall hi' defrayed by the public. Fravided alwnfi.
That wlien the owner of such runaway shall denaad
him or her, the person of whon^ he or she was hired
, shall forthwith deliver the same, into the custody rf
the keeper of the public goal, and shall then. also pur
the hire, in proportion to the time the runaway hath
served; and if that be not sufficient to satisfy all char-
ges, the owner paying down the residue^ shall luive
• him or her delivered*
OCTOBER 1748-*22nd UEORUE n. 555
XVL Bat whereas the continuance of runaway OwnetclMmr
^slaves some time in the public goal, may induce dis- JJ!f/J3JJ^[n
honest persons to pretend themselves owners, andthe pubtic
thereby obtain possession to the prejudice of the true goal, muMt
owner. Be it therefore enacted, by the authority a-? P«^e bis
foresaid. That before any such slave shall be delivered P^P^^^*
Dy the keeper of the public goal, the person claiming
such slave. Shall first apply to the court of the county
where he resides, and make proof of his having lost a ^
slave, answering the description published by the said
keeper in the Gazette, and obtain certificate thereof^
mnd also there give security to answer all dan^ages if
it shall thereafter appear, that the filave he shall there-
upon receive from the said keeper, doth really belong
to some other person: And on producing such certifir
cate to the kee^ aforesaid, and making oath before
the fl»ayo|r, or some other magistrate of Williamsburg^
tliat t^ slave who shall be there present, is his, or the
slave of for whom he ap-
pear^, it shall be lawful for the said keeper, to deli-
ver the slave so described and^sworn to, and not other-
wise.
XVIL And if no owner shall appear to claim such where wi.
runaway, the county court shall, after the charges a- ovnerap-
foresaid are paid and satisfied, cause such runaway to £^**?*
be sold # public auction, by the sheriff, and the n^o-
ney arising by the sale shall be paid to the treasurer of
this colony, and applied by him for the use qf the pub-
lic; but in case the owner shall* at any tina'e after-
wards, prove his property in the said runaway.^ the said
treasurer shall repay him or her, the money so re-
ceived* .and be allowed the same in his accoiint.
XVlit. And that when any runaway shai} ^^v^^^rherenma.
crossed tltf^ bay of Chesapeak, and be brought before a ^^y^ y^g^
justice of any county lying upon the said bay, such crossed the
runaway shall be committed to the sheriff, and not to a ^7-
constable; but if he or she, after crossing the bay,
shall gjet up into some other county, more remote, in
such case the runaway shall be committed to a consta-
ble, and so from constable to constable, 'till delivered
to the sheriff of some county adjoining to the bay a-
ibresaid: And every such sheriff is hereby required to
receive the runaway so to him committed, and shall
forthwith cause him or her to be transported again a- .
556 f-AWS OF YIRGmU.
cross the bay. ^d delivered to a constable thepBf to be
conveyed as is herein before directed; and for hii
trouble and charge herein* such sheriff shall have and
receive five hundi'ed pounds of tobacco, tor every run-
away so transported and deliveredt to be paid by the
public and repaid by the owner of the runaway; And
if any sheriff^ or his of&cer slia}! cause or suffer such
runaway to work^ so as to occasion any delay, socb
sheriff, or Officer, shall forfeit and pay on^ tbouaand
pounds of tobacco, to the owner of tlie runaway, reco-
verable witli costs, by action of debt, or infori|iatioQ,
in any county coui*t of this donunbn.
^\on^ *to^ XIX. And wijuere a runaway jr behmging to an inbat
m^j^^lfnd^opbitant of Maryland or Carolina, shall be taken and
Carolina. brought before a justice, such runs^jvay ' shall be by
^ him committed to the goal of the county where taken,
and the sheriff, or goaler, shall caiise advertisements
to be published in Uie same manner, and for the sama
time, as is herein before directed to be done by the
keeper of the public goal, and if no owner appears,
may, with consent and* approbation of his county
court, hire out such runaway, and slial) pay the reward
for taking up, which shall be reimbursed out of the hire,
or by the owner, together with all other diarges, it
the hire be not sufficient. And all money or tf^acco
arising by such hire of the runaway, ftill claimed Igr
his or her owner, shall be to the use of such sheriff of
goaler, and he may demand and ,take of the owner,
the like fees and charges, as are or shall be then
demandable of tlie inhabitants of Virginia^ for runa-
ways taken up, in the province where such owner re-
sides. ,
officer may XX. ^nd be it further eiutded^ by the anth0ritf a*
impttas ^fortsaidf That every sheriff, constable, or other officeir,
J^]J*^j,*^^charged with conducting runaways, shall be, and is
v^apes. hereby jmpowered to impress men and horses, where
necessary, for the safe conveying the person or per-
sons whci*ewith he stands charged: And if such offi-
cer shall suffer such runaway to escape, he stftll be li-
able to the party grieved, for recovery of dami^ges and
costs, at the common law.
Priaon fees. XXI. And that the keeper of the public goal m^
demand and take, for the commitment of every runa-
way, two shillings current monev, or twenty pounds of
tobacco, and the same for releasement, and for every
OCTOBER ir49^iZaA GEORG^ II. 557
twenty four hours ke€|Hiig him or her in goal» six pence^
o|* Are pounds of tobacco^ and no more: And if he, or
any slieriff, or goaler» shall demand and take any o-
tber or greater fee^ than is^ or shall be by law allowed
for runaways, he or they so offending shall, for every
aucb offence, forfeit and pay twenty shillings to the
party grieved* and shaU also refund and pay back all
in'>ney or tobacco received over and above the legal
fees, recoyerablc with 'costs before any justice of
peacet of the county where such offence shall be com-
mitted.
XXIL And that every runaway servant, upon whose Bunawayier-
account any reward shall be paid for taking up, shall ^^^ ^^-
serve his or her master, or owner, after ail other timo E^ ^f^"
of service due shall be expired, one month and a half ^'me.
for every- hundred pounds of tobacco so paid, or to be
paid, and for all necessary disbursements and charges
expended in pursuit and recovery of such runaway,
^ ami moreover shall serve double the time of his or
her absence, to be adjudged and allowed by the court
of the county where the owner resides, or where the
runaway is kept, at the next court held after his or her
recovery, he or she being also brought before them;
but if the owner-neglects so to do, the C4)urt may allow,
or reject such claim, es to them appears just, without
any appeal. Prwoided alwaySf That if any servant,
at the time of such judgment, shall repay, or give
good security before the court, for repayment of all
charges and disbursements, within six months after,
the master or owner shall accept thereof, in lieu of
service.
XXIII. And whereas many abuses, have been com- ^.°^*^<ly **-
mitted by persons, who, under pretence of understan- ^"JJhnport.
ding trades and mysteries, have procured large sums of ed as trades-
money to be advanced to them, and entred into conve- men,or me-
nants with merchants and others, in Great Bri.c^"^<=«'"P-
tain or elsewhere, for the payment of yearly wages, fouTdfpK)-
tho' they' were really ignorant of, and unable to per- nnt.
form such trades or mysteries: Be it therefore further
enactedf by the authority aforesaidf That all and e-
very person or persons already imported, or who shall
be imported into this colony, as a tradesman or work- * ^
man on wages, and shall be found not to understand
such trade or employment, may be brought, by his ot-
her master or owner, before any county court of this
558 tAWS OF VIRGINIA.
colony^ who are hereby impowered and directedf upoD
complaint of such deceit to them made« to enquire in-
to the same, and upon finding any such fraud, may or-
der and direct such satisfaction to be made to the mas^
ter, or owner of such servant, either by defalcation of
the wages, or part thereof, or by such furtlter time of
service for the money advanced, as to them shall seem
Or» where just: And that if any such tradesman or workman, on
they refuse wages, shall refuse or neglect to perform his duty, or
^JIm^^^ absent himself from his master's service, without
Mres, *°** leave, the justices of the county court wherein such
master resides, upon complaint and proof to them
made, may order such satisfaction to be made to such
master or owner, as to them shall seem just; and that
for ^very days absence, such servant shall serve two
days, without wages, after his time by indenture, or
former order of court Is expired.
XXIV. And be it further enacted, by tlu at»tAon<f a-
Apprentices /^^Wfltd, That every person who at any time or times
sinil serve hereafter shall be bound by indenture, to serve as an
faitthelr ftiU apprentice in any trade, art, mystery, or occupation,
with the consent and approbation of any court of re-
cord Within this colony, altho' such person be within
the age of twenty one years at the time of making his
indenture, shall be obliged to serve the full time in such
indenture contained, as amply and h»rgely to every in-
tent, as if such apprentice were of full age at the time
of making the same,
stcaline XXV. And be it furiJuT enaded, by the OMthority o-
s^iares^lo. foresoid, That if any person or persons shall steal any
ny, without negroe^ mulatto, or Indian slave, whatsoever, out of
<^«lJy* or from the possession of the owner or overseer of such
slave, the person or persons so offending shall be« and
arc hereby declared to be felons, and sliall sufibr death,
without benefit of clergy.
Kepeslmg XXVI. And be it further enactedf by the authority a-
cbuse. foresaid. That all and every other act and acts, clause
and clauses heretofore made, for or concerning any
matter or thing within the purview of this act, shaU
be and are hereby repealed.
Commence- XXV II. And be it further enaded, by the authority
mentoAhis (foresaid. That this act shall commence and be in
Act. force from and immediately after the tenth day of
June, which shall be in the year of our lord one thou-
sand seven hundred and fifty one*
:i:^
— I
FORM OF GIVING
TH£
IE(D7^£L ^SBSSyff
TO
AX ACT 0¥ ASaE3«.lMi\,
PASSED UNDER THB COLONIAL OOTERNMENT,
[From a book in the office of the General Court, labelled
Prodam. Book 1748, p. 2.]
' V
AT THE COURT AT ST, JAMES's,
The 20th day of March, 1745.
PRESENT.
Form of giv'
ingtherojii
assent to an
act of As-
sembly-
The Kings Most
Lord President,
Lord Privy Seal,
Lord Steward,
Lord Chamberlain^
Duke of Bedford,
Duke of Rutland,
Duke of New Castle,
Earl of Cliolmondely,
Earl of Harrington,
Viscount Cobham,
Excellent Majesty,
Viscount Torriugton^
Lord Delawar,
Lord Bathurst,
Lord Hobart,
Lord Sandys,
Mr. Vice Chamberlayne*
Lord Chief Justice Lee,
Lord Chief Justice Willi^
Sir John Norris,
Sir John Rushout.
George Dodington, Esq.
Whebeas by Commission under the Seal of Great
Britainf the Grovernor, Council and Assembly, of his
Majesty's province of Firjtnfa, are authorized and
Impowered to make, constitute, and ordain Laws, Sta-
tutes, and Ordinances, for the Public Peace, Welfare,
and good government of the said Province; whidi
Laws Statutes and Ordinances are to be as near as
conveniently may be, agreeable to the Laws and Sta-
tutes of this Kingdom, and to be transmitted for hid
560 ROTAL ASSENt
Form of giv- Majesty ^s royal approbation or disallowance^ Ainf
ingr the royal ^hrhbas in pursuance of the said puwera an Act warf
^^tJ^Bm- 9'"^^^^ *w ^^^ ^^^^ province in ir44, which hath bee*
bly. transmitted in the words following, viz.
•tfn Jet for tlu relief of certain Creditors.
Whereas great difficulties have arisen in recovery
of debts due to the inhabitants of tliis colony, from
. ' persons residing in other parte of his majesty's do-
minions, or who have removed themselves into foreign
parts, having effects here sufficient for the satisfying
and paying such debts, for remedy where<if. Be it
fBNACTED, by the Lieutenant Governor, Council, and
Burgesses, of this present (General Assembly, and it
is hereby enacted by the authority of the same, that if
in any suit which hath been or hereafter shall be com-
menced for Relief in Equity in the General Court of
this Colony any Defendant or Defendants against
whom any subpoe^na or other Process shall issoe shall
not cause his or her appearance to be entered upon
.^ucli Process'within such time and in such manner ^
according to the Rules of the Court the same ought to
have been entered in rase surh Process had been duly,
served and an affidavit or affidavits shall be made to
the satisfaction of such Court tliat such defendant or
defendants is or are beyond the seas or that upon en-
quiry at his^ her or tlieir usual place of abode he, she
or they could not be found so as to be served with such
process then and in such cases the Court may not on-
ly make an order or orders to restrain and en joyn any
person or persons in this colony having any effects
belonging to the defendant or defendants in their hands
or ill any other manner Debtors to the Defendant or
DiTendaiits from paying, conveying away or secreting
such Debts or cflTorts until the further order or decree
of the said Court But also may (if to the same Court
it may seem necessary) order such Effects to be deli-
vered to thp Piaintif or Plaintifs subject to tlie future
order and Decree of the said Coui't, upon such piain-
tif or plaintifs giving such security as to the said Court
shall seem proper for the rettirn of the said effects in
such manner and to such Persons as the said Court
shall adjudge and the said Court also shall and may«
make an order directing and appointing such Define
dant or Defendants to appear at a certain day tfaereiE
mBBDV^-^ ^^jitf
TO AN ACT OP 1744. 501
to bci riained of the next succeeding Court and a copy Form ofglr*
of such order shall within fifteen days after such or- *"* thci^
dermade be inserted in the Virginia Gazette for two J^of At^
months successively and published on some Lords day sembly.
immediately after divine service in such Parish Church
or Churches as the said Court shall appoint and di-
rect and also in every case a copy of such order shall
within the time aforesaid be posted up at the front
door of the Capitol In the City of WHliamsburg and if
the Defendant or Defendants do not appear within the
time limited by such order or within such further time
as the Court shall appoint then on proof made of sucli
publication of such order as aforesaid the Court being
satisfied of the truth thereof may order the Facts of
the Plaintifs Bill to be taken yro conftsso. But if the
matter or cause of such suit or suits be for the adjust-
ment and settlement of any account or accounts and
for satisfaction of what Bailances may appear due
thereon^ then and in such cases the Court may either
by assigning and appointment of Auditors or in any
other manner proceed to tlie stating and settlement of
such account or accounts and make such order and de-
cree thereupon as shall be thought just and may there-
upon issue Process to compell the performance of such
decree either by imediate Sequestration of the Real
and Personal Estate and Effects of the Defendant or
Defendants if any such can be found or such part
thereof as may be suflBcient to satisfie the demand of
the plaintif or plaintifs in the said suit or by causing
possession of the Estate or effects demanded by the Bill
to be delivered to the plaintif or plaintifs or by con-
tinuing the Effects if any so ordered to be delivered
on the return of the Subpoena as aforesaid or such
part thereof as may be sufficient to satisfie the Plain-
tif or Plaintib Demand and Costs of Suit in the hands
of the naintif or Plaintifs or give such further relief
or remedy as the nature of the case shall require and
the said Court may likewise order such Plaintif or
Plaintifs to be paid and satisfied his her or their De-
mands out of the Estate or Effects so Sequestred ac-
cording to the true intent and meaning of such decree
•ach Plaintif or Plaintifs first giving sufficient securi-
ty in such sum as the Court shall think proper to a-
%ide such order touching the restitution of such Estate
T 3— Vol. 5.
562 ROYAL ASSENT
Form of ^t- or EflTects as the Court shall think proper to inake
asfent^olm^ concerning the same upon the Defendant or Defen-
act of As- danfs appearance to defend such suit and paying suck
tembly. costs to the Plaintif or Plaintifs as the Court shall or-
der. But in case such Plaintif or Plaintifs shall refuse
or neglect to give such security as aforesaid then the
said Court shall order the Estate or Effects so seques-
tred or whereof possession shall be decreed to be de-
livered to remain under the direction of tlie Court ei-
ther by appointing a receiver thereof or otherwise as
to such court shall seem meet until the appearance of
the Defendant or Defendants to defend such Suit and
his or their paying such Costs to the Plaintif or Plain-
tifs as the said Court shall think reasonable, or until
such order shall be made therein as the court shall think
just. Anb it is hereby further enacted by the authority
aforesaid that from and after the passing of this Act if any
defendant or defendants by virtue of any writ of Habta$
Corpus or other Process issuing out of the said CouK
shall be brought into court and shall refuse or neglect
to enter his her or their appearance according to the
Rules and Methods required by the said Court or to
appoint an Attorney of such Court to act on his, her
or their behalf respectively such Court may appoint
an Attorney of such Court to enter an appearance (iff
such Defendant or Defendants respectively and such
proceedings may thereupon be had in the Cause as if
the party had actually appeared. Provided always
that if the person against whom any Decree shall be
made upon refusal or neglect to enter his her or their
appearance or appoint an Attorney to act on his her
or their behalf shall be in Custody or forthcoming so
that he she or they may be served with a Copy of such
decree then he she or they shall be served with a Co-
py tbet*eof before any Process shall be taken out to
compell the performance thereof. Provided also th^
if any decree shall be made in pursuance of this Act
against any person or persons being out of this Colo-
ny or absconding as aforesaid at the time such Decree
is pronounced and such person or persons shall witbia
seven years after the making such decree return or be-
come publickly Visible then and in such case he sli»
or they shall likewise be served with a Copy of such
Decree within a reasonable time after his her or their
Return or Public appearance shall be known to the
Plaintif or Plaintifs^ and in case any Defendant Mr
TO AN ACT OP ir44. 56g
gainst whom such Decree shall be made shall within Fonn ofgir'.
seven years after the making such Decree happen to *°^ *^tf^^*^
die before his or her return into this Colony or ap-JI^^"f A,.*"
Karing openly as aforesaid or shall within the time sembl/,
3t before mentioned die in Custody before his or her
being served with a Copy of such Decree then his op
her Heir if such Defendant shall have any real £state
•sequestred or whereof possession shall have been deli-
vered to the Plaintif or Plaintifs and such Heir may be
found or if such Heir shall be a Feme Covert Infant or
JVTm Compos M^tis the Husband, Guardian or Com*
mittee of such Heir respectively or if the t>ersonal Es-
tate of such Defendant be sequestred or possession
thereof delivered to the Plaintif or Plaintifs, then his
or her Executor or Administrator if any such there be
may and shall be served with a Copy of such Decree
within a reasonable time after it shall be known to the
Plaintif or Plaintifs that the Defendant is dead and
who is his or her Heir Executor and Administrator or
where he she or they respectively may be served there-
with. Pbovided always that if any Person or Per-
sons so served with a Copy of such Decree shall not
within twelve months after such service appear and
Petition to have the said cause reheard such decree so
made as aforesaid shall stand absolutely confirmed a-
against the person and persons so served with a Copy
tmsreof his her and their respective Heirs Executors
and Administrators and all persons claiming by from
or under him her them or any of them by Virtue of
any Act done or to be done subsequent to the com-
mencement of such snit Provided nevertheless that
if any Person so served with a Copy of such Decree
shall within twelve months aflier such service or if any
Person not being so served shall within seven years
next after the making such Decree appear iu Court
and petition to be heard with respect to the matter of
such Decree and shall pay down or give security for
payment of such Costs as the Court shall think rea-
sonable in that behalf the Person or Persons so peti-
tioning his her or their respective representatives or
any Person or Persons claiming under him her or them
respectively by Virtue of any Act done before the com-
mencement of the Suit may be admitted to answer the
Bill exhibited and Issue may be joined and Witnesses
en both sides examined and such other proceedings
564 ROTAL ASSENT
Fonn of giv- Decree and Execution may be had thereofi a^ there
"V ^^'^if might liave been in case the said Party had originally
acTof aV" s^ppcared and the proceedings had then been newly bc^^
tembly. or as if no former Decree or prpqtedings had becita in the
same cause Pboyided neveiiiheless And be it EiiAcrr-
^D by the Authority aforesaid that if any Peraofi or
persons against whom such decree shall be mad^ his
)ier or thctf Heirs Executors or Administn^oi^ shdl
not within seven years next after the making of auch
Decree appear and Petition and have the Case re-
heard and pay down or give security for payment of
such Costs as tl)e Court shall think reasonable in that
behalf such Decree made as aforesaid shall stand ab*
solutely confirmed against the Person and Personp
agains.t wliom such Decree shall be made his her and
their Heirs Executors and Administrators and against
all persons claimin^f or to claim by from or unfder
him her them or any of them by Virtue of any Act
done or to be done subsequent; to thedommericcmentof
siich 'suit and at the End of $uch seven years it shalt
and may be lawful for the Court to make such furth^
order as shall be just and rea3pnable according (o t^e
circumstances of the cause.
Ociober 18th 1744
Agreed to by the Hoase of BurgesseSf
Peter Randolph, C. H B.
September 39t|i 1744 Bead thetliiid Tiiae
- Attd>«flted the Council;
Nath'K Walthoe C. G. A.
WlIXIAM GOOCH
John Robinsonf Speaker.'*
Airp Wh£B9AS the said Act together with a Re-
presentation from the Lords Commissioners for Trade
And Plantations thereupon haye been referred to the
consideration of aComittee of the Lords of his Miyes-
tys most Honourable Privy Council for Plantation af-
fairs the said Lords of the Comittee did this day Re-
port as th^ir opinion to his Msye&ty, that the said Act
was proper to be approved His Majesty takine the
same into consideration was pleased with the advice
of his Privy Council to declare his approbation of the
said Act and Pursuant to his Ms^estys RoTAi Plea-
sure thereupon expressed the said Act is hereby con-
TO AN ACT OF 1744. SeSi
firmed finally Enacted and Ratified accordingly where- fo™ of gir^
pf the Governor Lieutenant Governor or Commander Jj^^^3^
in Chief of bis Majestys Province of Virginia for theictof a»-*"
time being and all others Whom it may concern are totembly>
take notice and conform themfielves accordingly.
W. 89ARP.
BEPBALING CERTAIN
ACTS 0¥ AaSE3«BliT,
PASSED AT THE RBTISAL'OF i748.
TxmOTVIA, 8CT.
By the Hon'ble Bobert BiN-prodnuu
wroDiE, esqr. his Majesty's Lieuten- j^g'*^!^^
ant-Gk)vemor5 and Commander in|J^^^*
Chief of the colony and dominion of*^"^^^^
Virginia.
d PROCLdMJTIO^for publishing the repeal of seve-
ral Jets of dssenMy, passed in the years 17 M and
1749.
WHEREAS all Laws^ Statutes and Ordinanceff,
aiade and passed in the General Assembly of this Do-^
minion^ are according to the Constitution of this 6o«
Terment^ by his Majesty *s Letters Patent under the
Great Seal of Great Britainy to be transmitted to his
Majesty, for his Royal Approbation or Disallowance,
and such of the said Laws, Statutes and Ordinances,
as shall be thereupon disallowed or disapproved, and
•o signified by his Majesty, under his sign manual and
•ignet, or by order in PriVy Council, are from thence-
forth to cease, determine, and become utterly void*
And Whereas his Majesty, in Council has been pleased
to signify his disapprobation and disallowance of sev-
eral Acts passed in the years 1748 and 1749, (to wit,)
An Act for allowing Fairs to be kept in the Town
of Suffolk, and preventing Hogs and Goats going at
large therein, and for altering the time of holding
Fairs in the Town of Newcastle.
TtwUMoa^' Also, An Act, intituled. An Act for establishing a
?®" ^^^ Town in Augusta County, and allowing Fairs to be
iStopis^d kept there.
mt the revi- Also, An Act« Intituled^ An Act declaring Slaves to
«1 of 1748. be personal Estate, and for other purposes therein
inentioned* -
Also, An Act, intituled^ An Act for the distribution
of Intestates Estates.
Also^. An Act, intituled, An Act for establishing the
General Cdurt and for regulating and setlliiig the pro-
teedings therein.
Also, An Act, intituled. An Act for Limitation of
Actions and avoiding of Suits; ,
Also$ An Act^ iiftituled. An Act concerning sertanti
ind slaves.
Also; An Act, ihtituled. An Act to prevent tending
seconds.
Also, An Act, intituled. An Act, for the better suppcni
of the College of William and Mary.
And, An Act, intituled. An Act, to prevent the
building Wooden Chimnies in the Town of Walkers-
ton; and also to prevent the inhabitants thereof fhMn
raising and keeping Hogs;
I dd therefore, in pursuance thereof, by this procla-
ination^ publish and declare that the said Acts of As-
sembly, are repealed and utterly void, and of none ef-
fect: And for tiie more solemn signification thereof; I
do a]qK>int the proclamation to be read and published,
at the Court House of the several Counties within this
Dominion; and the Sheriffs are to take care the same
be done accordingly. Given at the CouncU Chambert
this eighth day of April, one thousand seven hundred
and fifty two^ in the xxv year of his Majesty^s reign.
ftOBERT DINWIDDIE.
GOD SATE THB UK6.
[From a book in the office of the General Court, hbeUei
« Pboc&ax.- Boo*, 174S,»* pa. 8f .J
INDEX
TO THE
1El¥Ttt YOliTJ^ll
dp THB
^tamte^ at ILarge.
AlBATEMENT.
t^leas illy how to he received 478.
Where suit shall not abate by
death of parties 510.
ABKENT DEBTORS.
&o\v proceeded against* in chan-
cery 2^0. May shew cause
ajs^ainst decree within 7 j^9iVH
22$. When decree shall be
final 223. How defendants
permitted to ans;Arer 224. —
When barred 2^4.
ACCESSARIES.
Receivers of stole^i horses, deem*
cd 249.
ACCOMACK,
Court day of, altered 60.
ACTIONS.
Limitation of real actions 415.
Proceedings on 416. Of per-
sonal actions 51i,513
ACTS OF ASSEMBLY.
Representation against repeal
of cei^in acts 432. Form
of giving the royal assent to
559. Proclamation reiieal-
ing certain acts passed at the
i-evisal of 1748> p. 567.
Z S— Vol
ADJOnRNMENT.
Of general court, power of S2a^
Of county courts. 491
ADJUTAJNT GENERAL.
He, his servant, and horses^
exempted from ferriage 23.
ADMINISTRATION.
County courts, may take proof
of wills, and grant adminiso
trations 456. Where execa*
tors refuse administration
with the will annexed maybe
granted 455* Rules in grant-
ing administration 458.-—
When creditors may take
458. J urisdiction of general
court, in relation to 466.
ADMINISTRATORS.
Rules in appointing 456. Oath
of 459. Bond of 460. Duty
of in selling perishaUe goods
463. Allowance of 466.-—
Lawyers fee not taxed against
497.
AD QUOD DAMNUM.
Proceedings on, to bar estates
tail, under a certain Talite
414,415.
5.
674
A.
mnEx.
A^
AOE.
OF servantSf imported witliout
indenture, how acy udged, 547.
ALBEMARLE*
parish of, in Surry, formed 7^.
Vestry of, authorised to sell
certain lands 77. County,
formed from Goochland 267.
Boundaries 267. Court days
£67« Court day altered 37 !•
AMELIA.
Court day of, altered 60.
APPEALS.
On ronriction for {i^aming al-
lowed £30. On what terms
£31. From judgment of in-,
gpector of pork, beef, pitch,
tar, turpentine, and flour, 35 k
To p>neral courts when to be
made 471. Rules concerning
461. Damages on 482. —
From county courts 505.
APPOMATTOX.
Courts of Henrico, Prince
George* Amelia, Goochland,
and Albemarle, authorised to
order tlie clearing of James
and Appomattox rivers 375.
APPRAISEMENTS.
Of decedents estates, how to be
made 462. Where no ap
praiscment necossary 464.
APPRENTICES.
Poor orphans to be bound 45£«
To serve out their full time
558* ^
ARMS.
Militia, how armed 17. Time
allowed to provide arms 2i.
Arms exempted from seizure^
and distress 21. Mulattoes.
not to bear 17. To be car-
ried to church 19. Further
supply of arms for militia 90.
ARMY.
To be raised to .s^o against the
Spaniards, 9£994. So on an
intended exiiedition against
Catiada 402.
ASSALLTANDBAlTERY.
In action fur, when plaint iff
shall not recover costs 240.
ASSEMBLY.
General; to nmke good loss of
tobacco, by fire 150. Inspec-
tors ineligible to 153. Wages
<«f Burgesses to be paid in
money 172. Oath of electors,
in Wiiliaknsburg 206. Repre-
sentation against repesiliug
ceii;ain acts of, 432» Proc.
repealing those acts 567.—
Form of giving the royal as-
sent to an act of Assembly
559.
ASSENT.
Form of giving the royal assent
to an act of Assembly 559.
ASSIGNEES.
Of plats, liable for surTeyors^
fees51,S4i.
ATTACHMENTSi
May be levied, in the hands of
persons indebted to the party
absconding 59. Foreign at-
tachments, proceedings on
££0|225. Against absconding
debtors, by whom to be scrv*
ed£38. Proceedings on 49^
493.
ATTORNEY, PO\VERpF
T<» confess judgment, void £40.
Penalty for appearing under
£41.
ATTORNIES.
Their fees to he taxed, except
against executors and admin-
istrators 54. Act for giuAt-
ing licen^s to> irepealed 171.
B.
IJVDEJ.
B.
676
Again revived and altered
345. Fees of 181. Oatb of
182. Fees when taxed 344.
Examiners of, appointed 345.
License, how obtained 345.
Oath of 346. Penalty for
practising withoutlicense and
oath 346. Misdemeanor of
^47. Barristers not to ob-
tain license 347. Attornie.^,
not licensed, may finish cau-
ses 347. Punishable for con-
tempt 348. And liable to
costs, for neglect 348,473.
Fees of, in general court. In
county courts 497. On peti-
tions 499.
AUGUSTA.
County, formed from Orange,
78. Boundaries 79.. Court
days 79. Court day altered
371* County, certain taxes
authorised in, for the use of
the inhabitants 187. Inhabi-
tants of, to pay their propor-
tion oftbeexpences of running
dividinjg liqe, between that
' county and Frederick 9,75»
BAIL.
In what CBBes, to be required
472. Where bail, or sheriff
liable 473* Sheriff's remedy
where bail adjudged insuffi-
cient 474. Where judgment
against defendant^ or sheriff
and bail may be set aside 474.
Remedy fop sheriff or bail,
where judgment con^rmed
against them 474. Any
judge of general court, may
take recognizance of 475. —
Where the special bail shall
be liable 475. Mo special
hailf in suits upon penal laws
fc^cept enressly by the laws
required *4f5« In county
courts 495.
BAMKS, WILLIAM.
Certain entailed lands of, in
King and Queen^ vested in
George Braxton, the young-
er, and other land in King
William settled to the same
uses 214.215. Certain lands
in King William, entailed onf
vested in John Norton^ 306,
BATH.
Parish of, farmed from Bris-
tol, in Prince Georpje 21«. —
Part of added to Bristol ^61.
BEEF— See Pork, &c.
Inspection of established, 164.
Regulations concerning 164,
168. Act concerning amend-
ed 350,355.
BELLFIELD, JOHN
Authorised to sell certain lairid%
notwithstanding his infancy
285.
BRAXTON, GEORGE, Jr.
Certain entailed lands purchas-
ed of William Banks, vested
in 214,215.
BRENT, WILLIAM
Rents of certain of his lands, to
be applied by Peter Hedgmaa«
to payment of his debts 292*
BRIDGES.
Haw to be erected, between ad- •
joining counties ^. To be
built o%er Nottoway river, at
Hunt's landing 107; and o*
ver Pamunky river, at New
Castle 108. Levies for, may
be laid by county courts 1[75»
BRISTOL.
Parish, in Prince George, divi-
ded and Bath formed 21 9.-*
Part of added to Bath 261^
575
C;
prDBX.
C
BRUNSWICK
Coanty dividedy and Lunenburg
formed 383.
BURGESSES.
Their wages to be paid in mo-
ney 172,-372, 404. Repre-
sentation of, against the prc-
• rogative exercise by the king,
in repealing laws, by procla-
mation 432, note.
CALLED COURT.
How convened, its power and
- duty, in relation to criminals
541.
CANADA.
Grant of money, for expedition
against 400.
CAPIAS AD SATISFACL
ENDUM.
No justice of peace to g^ant 37.
CAROLINE.
County, part of King & Queen
added to 185.
CARTER, GEORGE
Of Middle Temple, London;
certain lands belonging lo, in
Prince William, B'airfax, and
Frederick* vested in trustees
to be sold 300.
CATTLE.
Drivers of, to produce manifests
and bill? of sale, and make
oath before the next justice
176. Duty of justice 177.—
Like method to be observed
in every county, thro* which
the drove passes 177. Pen-
alty 177. Act concerning
further continued 247. To
be preserved for the heir 465.
CAUSEWAYS.
How to be made between adja-
cent counties 32.
CKRTIORARL
Writs of how obtain^, ^348^
483. Not to be granted,* to
remove a cao«^« not original-
ly cognizable in the ge^ieral
court, 349. Suit remanded by
Certiorari, not afterwarfb
i*emove4l, 349. Notice and
' affidavit, 349. False swear-
ing on. Perjury, 349.
CHALLENGE
Convicts entitled to benefit oU^
26, 546. Of jurors, how to
be made 545. For tlie King,
must be upon good cause
shewn f^5
CHAMBERLAYNE, WIL-
LL\M.
Certain slaves of Wm. Cham-
berlay ne, dec'd vested in trus-
tees, for the benefit ofn pos-
thumous child 117.
CHANCERY.
Days appointi^d . Prnr hearing
chancery causes, in the gene-
ral coui% 3d0. Rnles o^ prae<
tice in 484.
CHAPMAN* RICHARD,
Certain entailed lands^ in King
William. ^Tsted in 114, 117.
CHURCH.
Militia to go armed to 19. Not
attending, what an excuse for
£86.
'CLERGY,
Benefit of where taken away by
any act of Parliament, prior
to the 4th of James L taicen
away in this country, for the
same ofience 547« Wh^ a
man would beentitted, a wo-
man equally ' entitled 546.
When a person convicted
shall have it, without rending
546.
CLERKS.
Of county courts, thov faw4£.
c
IJfDEJL
0
5TT
A7. 331. Oflkc dE, to be in- (
spccted anuualiy 344. To!
tax attorneys fees 344*
COLLECTORS
Ofdotiesy on skins and Tiirs,
to be appointed 56. Power
and dutyt in relation to li-
quors iaipf»rted 913. How
appointed Sir. Their salary
. 317. When to account, with
treasurer Sir* 318.
CONSTABLES.
ipheir fees dO» 34()« May search
for red deer skins 63. To be
sworn to prcvcftt offfences a-
gainst the act against unlaw-
ful hunting 63.
CONVEYANCES.
See Deeds.
Deeds for landSf bow to be ac-
kiiowlcidged* proved, and re-
corded 40a, 409.
CONVICTS,
I|ow to 1^ tried for capital of-
fences £5. Challenges allow-
ed them 26. Rules contern-
ing trials of 545. ^
COOPER, SUSANNA,
Authorised to dispose of her
property, as a feme sole, not-
"withstanding her husband
Isles Cooper, may happen to
be living 294.
COPIES.
Of pleadings, what taxable in
bill of costs, what not 46;
CORONERS.
Their fees 50, 340.
COSTS.
Rules in taxing, for copies 46.
In assault and battery, and
slander, where plaintiff shall
not recover costs 240. At-
torney's fiee, when taxed 344.
Of costsin frivolous and veiSp
atious suits 509* Security
for to be given, by non-resi«
dents 312.
COUNCIL.
Members of tlic general cour^
being councillors, may re-
ceive the salary, witliout vio-
lation of their oath, as judges
227. Process against a mem^
ber of 495.
COUNTIES.
Orarige county divided, and aH
that pai*t westward of the '
Blue Ridge, to the utmost li-
mits of Virginia* furmed into
the counties of Frederick aad
Augusta 78, 80. Part of
King and Queen added to Ca-
roline 185. Prince William
county divided, and Fairfax
formed 207. Hanover coun-
ty divided, and Louisa formed
2a8» 209. Goochland county
^Jvided, and Albemarle form-
ed 266. Brunswick couq^
divided, apd Lunenburg form-
ed 383
COUNTY COURTS. .
May lay levies, for building
bridges, &c. and such con«
tracts shaH bind theirsucoee-
sore \75. Act establishing
489. Justices to bold them
489. Tlieir oath as justices
generally 489. As justices ia
chancery 490. Penalty for
acting without 490. Court
days 490. Adjournment of
491* Jurisdiction of court
49i» What cases excepted
491. Warrants, for small
debts, determinable by a sin-
gle justice- 491. But no exe-
cution against tlie body 491.
Attachments against abscond-
ing debtors 492. Proceedings
$78
C*
IKDEX.
C.
on 492, 494. Process, bow
issued, executed and returned
494. Bail, appearance, and
special rules, concerning 495.
Process where defendant not
found 496, Rules of practice
at common law 496, 498* Pe-
tition and summons, for debts
under 5L how proceeded on
498* Debt on bonds of more
than 5L penalty 499. Penal
actions, how prosecuted 500.
Itules of practice in chancery
501 — 504. Rules concerning
witnesses 504. How summon-
ed, and their allowance 504.
Penalty and privileges 505.
Appeals from^ how granted
505. Bond and security 506.
Certiorari 506. No justice
to appear as attorney 507.
Court-houses, how erected
507. — Prisons for 507.
COURT DAYS.
Of Accomack and Amelia alter-
ed 60. Of Frederick, Fair
fax i^tid Louisa altered %%5. —
Of Nansemond, Isleof Wiglit,
Princess Anne, Norfolk, King
'William, Albemarle and Au-
gusta, altered S71. Of all
the counties 490.
COURT HOUSES.
How erected 507.
COURTS MARTIAL.
How constituted, and when held
19« Power and duty of 20.
COVENANT.
Rules in actions, for non-per^
fSurmanceof 511.
CREDITORS.
Act for relief of certain 2£0.
Foreign attachment S£0. Ab-
sent defendant, how proceed-
ed against ^0, 223. Defend-
ant refusing to enter app<iu^
ance 2£2. If lie be in custo-
dy 223. Absent defendant may
. shew cause within aevenyeart
223. W lien decree final 223,
How defendant permitted to
answer 224. WJien barred
224. When they may Uke
administration 458.
CRIMINALS.
How convicts, to be tried 25« —
Jury^ of by Slanders, and not
of the vicinage 25. <|oa1ifi-
catron of jurors 25. Chal-
lenge allowed 26. Act for
trial of criminals continued
249. Method of trying, for
capital oflfeQces 541. Called
court 541. Commitment 541.
Sheriff may impress guards
542. BaU, when admitted
542. Witnesses, for and a^
gainst tho prisoner 542.—'
Goaler may impress guard
543. Prison fees how paid
543. Grand jury to pass upon
543. Venire, bow summon-
ed 544. Qualification 544.
Prisoner may have comsel^
544. Challenge of, how ta-
ken 5i4. For the Ring 545,
Rules, in trials of convicts
545. Benefit of clergy 546.
Who may, or may not be wit*
nesses 546.
CROP.
Tobacco, weight of 13S,134.-r
How made up, from transfSer
157,325.
GROWS.
Act for destroying, on eastom
shore 203.
CUMBERLAND.
Parish oO in Lonenbur|;, fSrinir
D.
ZYAS2.
D.
679
0il from St AiMlrew4n Bnins- 1
wick 383.
DAMAGES.
On appeals 4d£«
DECLARATIONS.
>iVlicn t(i be filed 348. No in-
cipitur to b« received 348.
DEEDS.
For land, how and when to be
acknowledged, or proved and
recorded 408. In wliad courts
408. Within wliat time 409.
Nunberof witnesses 409* —
Liverj of seisin, to be record-
ed with 409. Former deeds,
valid 409. When void as to
creditors, though binding be
tween the parties 410. Re
linquisbmeut of dower, how
to be made 410. EflR^ct of
410. Memorials of, to be
sent to Secretary's office^ and
. there reconled 411.
DEER.
Within what periods deer may
be killed 61. May be killed,
at any time, in fields, or for
necessary food 61. Penalty
I for buying red skiiis 6^. —
Constables may search for
them 62. Hounds, not to run
at large 62. ' Penalty for fire
hunting 62. No pi^rson to
bunt on another's land 62. —
Constables to be sworn to pre*
vent 63.
DEPOSITIONS.
Of witnesses^ when and how ta-
ken 479.
DESERTERS.
How apprehended and punish-
ed 93,96,403,404.
DETflNGEN.
Parish, in PrinceWillianiyfordi-
ed from Hamilton 259^
DEVISE.
Of land must be in writing 456.
How attested 456* How re-
vocable 456.
DISTRESS.
Arms of militia exempted from
21. Unreasonable hot to be
made 57. For public tocacco
debts, when to be made 139*
For quit-rents and public h
cotmty levies, where and how
to be made 519. Penalty for
making unreasonable 519. —
Or, for distressing slaves
519.
DISTRIBUTION— Sfc in^
testates e$tate8*
How estates of persons dying
intestate^ to be distributed
444,448. When it shall be
made 448.
DOWER.
Relinquishment of, how to be
made, and effect of 4109411.
Widow's dower, in personid
estate and slaves 444,445. —
Permitting dower slaves to be
sent out of the colony, forfeits
them 446. Her dower in
lands 448. Jointure, in bar
of 448.
DRAWBACK.
On liquors exported 534 When,
not allowed 315*
DRIVERS.
Regulations concerning driven»
of cattle 176.
DUCKLING-STOOLS.
To be built 508.
DUTIES.
Act, laying duty onliqnors, fur*
tlier continued 26. Further
allowance for leakage 37« —
Not to extend to certain ap*
propriated doty V* M Mter
ABO
fe-
tx^sx
OP ownei* may detaf n for duty
S7« Liquors, when seizable
Q7* Act laying duty on slaves
furtlier continued 28. Duty*
how collected and accounted
for 28,29. Penalty SO. Ad-
ditional duty on slavesx92.
How appropriated 9d« Act
laying duty on alaves, contin-
ued 160. Act laying duty on
liquors, continued 161,236.
Drawbacks on l63« On hor*
ses, imported 178. Acts lay-
ing duties on liquors, i*cduced
into one, and amended 310.
Duty on spirits and wine 311.
On cyder, ale and beer 311.
Saving as to liquors, import-
ed from Great Britain 311.
Oath of master, &c. 311. —
Entry, how to be made 312.
Forfeiture 312. Permits 312.
Wines, how entered 312. —
Penalty for false entry 312.
Duty of collector 313. Bri
bery 313. Power of collect-
ors 313. Onus proband!
314. Duties, how paid 314.
Drawback 314. Oath of im-
porter 314. When drawb.ick
not alldwed 315. Premium,
for importing money 316. —
Duty-bonds, how prosecuted
316. Forfeitures, how recov-
erable, and appropriated 316.
Collectors, how appointed^
their salary, and how to ac-
count Sir. Duties appropri-
ated 317. In aid of the taxes
317. For relief of William
and Mary College 317. —
When accounted for 318. —
Governor's Madeira exempt
Iron) duty 318. |
ELECTIONS.
Penal^ on inspectors Interfer-
ing in 153. Qualification of
. elcctor8,inWilliamsburg206«
ELIZABETH CITY.
County, justices of, authorised
to erect pounds overt 1S6,
Act revived 266.
EltROR, WRIT OF
Returns of 472^ Rnles^ for
granting 482,
ESCAPES.
Pi*oceedjngs against a prisoner
e.scaping 520. Escape war-
rants 520.
ESKRIDGE^ GEORGE
Authorised to sell certain lands
in Westmoi'cland 992.
ESTA'l ES TAIL.
Not to he barred, but by act of
Assembly 4 14. Except un-
der certain value 414. Ph>-
ceedingn by writ of ad quod
damnum 415^
EXECUTIONS.
Arms of militia exempted from
21. Slaves not to be taken
in, for less than 10/. if other
sufficient property be. shewn rt
57. — Nor for levies, or offi-
fees ST. No justice to issue
a ca. sa. STf 491. Writs of
execution, how tested, issued
and returned 526. Time be-
tween the teste and returned
527. Forms of 527,528.—
Forms of returns 528,529,
530, Debtor dying in prison,
new execution may issue 531.
May sell bis lands, while in
execution, for the benefit of
his creditoi-s 531. Rules in
Issuing rlie writs 531. Rules
in extents :l3i3. Officer to en-
dorse llie time of receiving
£«
tSDEX.
581
the writ 533. Those first de-
livered to be first satisfied
5S3. Rules in executing 533.
Party may give a forthcoming
bond 533. May discharge it
by paying the money at the
day of sale 533. Or security
to pay in three months 534.
\l hen officer may sell on three
months credit 534. Proceed-
ings on forthcoming and re-
plevin bonds 534. Proviso,
as to public collectors 534.
Where slaves may not be
seized 535. Penalty for ma-
king unreasonable seizures
535. Mo execution or distress
for tobacco, between tiie 30th
September and 31st Decem-
ber 535. Proceedings against
officers not paying monies
collected 535. Venditioni ex-
ponas 536. Executions may
run into other counties 5St.
Prison rules 536. Statute for
relief of creditors against
fraudulent devises* declared
in force 537. Insolvent debt
orS9 how discharged 537. Oath
of 538. How his estate shall
be disposed of 538. His dis-
charge 539. But creditor
may afterwards have an ex-
ecution against him 539. His
prison fees, how paid 539.
Executions for sterling mo-
ney» how satisfied 540.
EXECUTOUS.
Refusing, administration with
the will annexed may be
granted 455. Oath of 459.
Bond of 459. When not to
give security 461. Power
of, before probate 46£. —
Executors, in their own
A 4— Vol. 5.
wrong, answerable to execu-
tors, &c. in right 465. Of
guardians, joint tenants, &c.
how accountable 466. Al-
lowance of 466. Lawyers
fees nt)t taxed ap^ainst 497.
EXEMFl S.
In the militia 16. Who to give
their personal attendance, and
furnish a substitute, who
wholly exempted 16,17. All
militia to give their personal
attendance, during the exist-
ing war 91.
FAIRFAX.
County, formed from Prince
William 207. Boundaries
208. Court days 208. Jus-
tires of, authorised to levy
tobacco, for support of Occo-
quon ferry 252. Court day
altered 265.
FAIRS.
To he kept in the town of Frede-
ricksburg 82. Days for hold-
ing altered 105.
FEE-TAIL.
Estates in, not to be barred, but
by act of Assembly 414. —
Except under a certain value
414. Proceedings, by writ of
ad quod damninit, in such ca-
ses 414,415. Certain intailed
lands of John Wallop vested
in Joshua Kendall 83. Ralph
Wormley authorised to sell
certain intailed lands, to raise
sister's portions 85. Certain
intailed lands, in Charles Ci-
ty, vested in^ Philip Light*
foot, in fee-simple 111. Cer-
tain intailed lands in King
William vested in Richard
Chapman, in fee simple 114.
Certain intailed lands in King
& Queen vested in Geo. Brax-
582
F.
IJSTDEX.
F.
ton the younger 214. Mann
Page of Gloucester, author-
ised to sell certain intailed
lands^ for performanpe of his
father's will 277, Intail of
certain lands^ in King Wil-
• Jiaip docked, and vested in
Francis West 297. Certain
lands of George Carter* in-
tailed and in fee-simple, lying
in Prince Wiiliam, Frederick
and Fairfax^ vested in trus-
tees to be sold 300. Certain
lands in Ring William, in-
tailed on William Banks,
vested in John Norton 306.
Intail of certain lands in
Glpucester, of the estate of
Thomas Todd, docked 395.
Intail of certain lands, in
Gloucester of the estate of
John Smith, docked 397.
FEES.
Slaves not to be seized for 37.
!No action to be brought for
37. Fees of the Secretary
38. Of clerks of county
courts 42. Of sheriffs 43.
Of coroners 50, Of consta-
bles 50. Of surveyors 50.
Fees to be charged to the per-
son, for whom services per-
. formed 42. Fee-billsi^ to be
produced 47. Table of fees
to be set u]^ 51. Penalty for
over charging 51. When to
be delivered to sheriff^ 52.
>Vlien to be accounted for 53.
Attorney*! fee, when to be
taxed 54. • Settlers on Roan-
qke^ called the soutliern b,oun-
dary, permitted to pay their
fees, and levies in money 58.
Persons not cultivating to-
bacco, allowed to pay fees in
money 168. Regulations con-
ccrnirig 169. Of AUemies
181. Act for regulating and
collecting, continued 246. Act
again revived 326. Fees of
the Secretary 326. Q( clerks
of county courts 33 h Costs
of copies 335. Costs on pre-
sentment of grand juries, and
]>roserutions of church- war-
dens 336. On suits brought
by treasurer 336. On making
up records 336. Fees to be
charged to the person, for
whom services performed 330.
Fee-bills to be produced S37.
Fees of sheriflTs 337. On
presentments, &c. 339. Fees
of coroners 340. Of consta-
bles 340. Of surveyors 340.
Table of fe^s to be set up 341.
Penalty, for over-charging
342. Accounts of, when to be
delivered to sheriff 342. —
His duty in collecting tbem
343. When to account 343.
Remedy against 344.
FELOJSY.
To forge tobacco notea^ or in-
spector's stamp, or to break
or al ter insipected tobacco> &c.
135.
FINES.
On militia 20,22. l*o be col-
lected by sheriflb 22. Other
fines 91,99,100. Power of
courts martial to remit 91*
. FERRIES.
Adjutant Greneral and his ser-
yant, ferry free 20. New for-
ries established 66. Rates
66,67. Former ferry dis-
continued 67. New ferries
es^tablished 104. Rates 104,
105. New ferries establish-
ed 189. Ilates 190. New
ferries established 249. Rates
T.
IJ^DEX*
583
250. Occoquon ferry, how
supported 25i. New ferries
established 364. R^ltes 364,
365.
FLOUR.
Inspectors of, to be appointed
352. Manufacturer to be
sworn 352. Natureof his oath
352. Duty of inspector 352.
His fees 352, Penalty for ne-
glect 352.
FLUVANNA.
River, certain funds vested in
trustees, for clearing 377.
FOREIGN ATTACH-
MENTS.
Modeof proceedingon 220,225.
FORGERY.
Of tobacco notes, felony 135.
FREDERICK.
County, formed from Orange
78* Boundaries 79. Court
days 79. Court days altered
265. Reward for killing
wolves in 373.,
FREDERICKSBURG.
Fairs to be kept in 82. Days
for holding, altered 105. —
Certain lands added thereto,
and bounds established 197,
198. Act allowing fairs to
be kept in, continued 203.
Wooden chimnies not to be
built in 209* Nor hogs suf-
fered to run at large in 210.
FREDERICKSVILLE.
Parish, formed from St. Mar-
tin% in Hanover 211. To
receive certain tobaccoes,
from St Martin's 262. To
receive certain monies from
383.
FREE NEGROES.
Not to bear arms 17. Wlicn
witnesses 245.
FRIVOLOUS AND VEXA-
TIOUS SUITS.
Act to prevent 509. Wiiere the
plaintiir shall not recover
costs 509. Where no more
Costs than damages 509. Re-
medy where more shall be
awarded 509. Where the de-
fendant shall have his cdsts
509. Exception as to execu*
tors and administrators 510*
Where suit shall not abate by
death of parties 510. Rules
inaction for non-performance
of covenants 511. Actions on
bonds, for payment of money
511.
FRONTIERS.
Settlements on Roanoke, as ft
' frontier, encouraged 57,58.
FURS.
Collectors of duties on, to be ap-
pointed 56. Skins and furs
may be seized 56. Additional
duty on, for William & Mary
College 237. Act concerning
explained and amended 355.
GAMING.
Gaming debts not recoverable
102. Securities void 102. —
Penalty on ordinary keepers
suffering gaming 103,230. —
Loser at gaming, how to reco-
ver back 229. When others
may sue 229. Gaming at or-
dinaries 230. Appeal allow-
ed 230. Want of form, no
bar 231.
GENERAL COURT.
Terms of, altered 319. Power
of adjournment 320. Days
appropriated for chancery
and common law suits 320.
Docket, how made up 320.
Actestablishinggeneralcoart
584
G.
i:S'DBX.
G.
467. Governor and council,
to constitute 468. Five to
act 408. To be sworn 468.
Theiroaths, asjudges of com-
mon law and in cliancery 469.
Penalty for acting without
being sworn 469. Jurisdic-
tion of 469. Terms of 470.
Rules for docketing causes
470. Adjournment 470. —
Process, rules for issuing and
returning 470. Appeals to
471. Writs of error, super-
sedeas, &c. 472. Process a-
gainst a councillor 472. Or,
sheriff 472. Where no ap-
pearance bail required 472.
Where bail shall be required
473. When bail, or sheriff
liable 473. Remedy of she-
riff against bail 474. When
judgment against defendant,
and sheriff, shall be set aside
474. Remedy where judg-
ment is confirmed, against
sheriff or bail 474. Recogni-
zance of bail, by whom taken
475. Where special bail lia-
ble 475. No special bail, in
penal actions 475. Proceed-
ings against defendant, in cus-
tody 475. Where the defen-
dant is not found 476. Out-
lawry, in civil actions 476.
Rules in personal actions, at
common law 477. Non-suit
477. Pleadings 477. Judg-
ment by default, or non-suit
477. Writ of enquiry 477.
Trial of issue 478. Final
judgment, and lawyer's fee
478. Special verdict, or case
agreed 478. Pleas, in abate-
ment, 478. Fines, on county
courts, or vestries 479. —
Records 479. Rules for wit-
ness 476. Depositions 479.
Refusal to give evidence 480.
Recusant convict, iDcapable
of being a witness 480. —
Witness failing to attend 480.
Privilege of witnesses 480.
Their allowance 480. Rules
in appeals 481. Jeoffaib
482. Damages on appeals
482. Jurisdiction on appeals
482. Writs of error, how
sued forth 483. . Certiorari,
how obtained 483. Punishr
ment for false oath 483. —
Causes remanded, not again
to be removed 484. Habeas
Corpus 484. Rules in chan-
cery 484,488. Injunctions
488. Officers duties 488.
GOOCHLAND.
County divided, and Albemarie
formed 266, Boundaries 267.
Court days 267.
GOVERNOR.
Madeira wine, imported for, ex-
empt from duty 318.
GREENHILL, FRANCES,
Auth'irised to sell certain lands
in Prince G^eorge and Surry,
notwithstanding her cover-
ture 216,219
GUARDIANS.
When to account 100. Duty of
courts 101. Testamentary,
how appointed, their power
and duty 449. Jurisdiction
ofcoui-ts, concerning 450.—
Security to be taken 450.—
Liability of courts, for taking
insufficient 450. Power of
courts over 451. When to
account 451. Process against
45 ] . What guardians may
charge in their accounts 452.
H.
mDEX.
I.
585
How securities of, may be re-
lieved 453. Debts due from,
to ward, to be first paid 453.
HAMILTON.
^ Parish, in Prince William, di-
vided, and Dettingen formed
259.
HANOVER.
County, divided, and Louisa
formed 208. Boundaries 208.
Court days 209. St. Mar-
tin's parish in, divided, and
Fredericks ville formed 211.
HEDGMAN, PETER
Authorized to apply rents of
certain lands, to payment of
debts of Wra. Brent 292.
HEIR.
His part of personal estate, of
intestate 444. Of slaves 445.
Must pay the other children,
the appraised value of slaves
445. Where he may contest
a will 455. Cattle to be pre-
served for 465.
HEMP.
Additional premium for raising
and exporting 357.
HIGH WAYS— See Roads.
HORSES.
Duty on imported 178. How
collected and accounted for
178,179,180. Reward for
apprehending horse-stealers
247.
HORSE-STEALERS.
Reward for apprehending 247.
If killed, executors of prrs«ins
attempting to apprehend, to
receive the reward 248. Re-
ceivers of stolen horses 248.
Accessaries, when punishable
249.
HOUNDS.
Not to run at large 62.
HUNGARS.
Glebe land of Hungars parish,
in the county of Northampton,
vested in trustees to be sold
390.
HUNTING.
Penalty for fire hunting 62,431.
no person to hunt on ano-
ther's land 62,63,430. Pen-
alties 430.
HUSBAND AND WIFE.
Joining in conveyance, passes
the wife's estate 410.
IMPRESSMENT.
Soldiers raised by, for the Span-
ish war 95.
INCIPITUR.
None to be filed 348.
INDIANS.
Not to bear arms 17. When
witnesses 245. Nottoway and
Nansemond authorised to sell
certain lands 270,273. No
person to sell spirituous li-
quors to, on credit 273. Pen-
alty for taking any pledge,
or pawn for 27d.
INJUNCTIONS.
How grantoii 241. Jurisdiction
of general court in 488. —
Rules concerning 512.
INSOLVENTS.
Insolvent debtors, how dischar-
ged 537. Oath of 538. How
his estate shall be disposed of
538. His discharge 539. —
But creditor may afterwards'
have an execution againsthin
539. His prison fees, how
paid 539.
INSPECTORS.
Of tobacco, how appointed 10.
No inspector to be a collector,
11. No justice to vote on a
recommendationofhimselfll.
IffDBX.
58e
County courts, failing to re-
commeudy governor & coun-
cil may commission 11. In-
spectors, in oflSce, and again
recommended, maybecontin-
ued so long as they behave
themselves 11. Failing to
attend, atcertain periods, lia-
ble to a penalty 11. Shall ac-
count for tobacco gained by
allowance for, cask 11. —
W eight of hogsheads of trans
fcr and crop tobacco 12. —
Oath of 12. Penalty for fail
ine Id. Inspectors removed,
liable to action, for costs and
damages 14. When to at-
tend warehouses 98. County
eourts to nominate annually
129. On failure^ governor
may appoint 130. Justices,
being inspectors, or in the
nomination, not to vote ISO.
Inspectors to give bond 130.
Oath of 131,152. Within
, what periods to attend 131.
Penalty, for neglect 131. —
Directions for receiving and
marking 132* And, in case
of disagreement or sickness
132. How their own tobacco
to be passed 132. Salaries of
143, 144, 145. How paid
146. Ineligible to the Gene-
ral Assembly 153. Penalty
for interfering in elections
1 53. For taking any gratu-
ity 154. Further duty of
156. When to make return
to courC 158. When to ac-
count with treasurer 158. —
Proceedings against, for
breach of duty 1 58,159. Of
pork and beef, how appointed
164. Their duty and allow-
ance 165. When to attend
warehouses 175. Salaries al-
tered 233. When to attend
235. Inspectors salaries 325.
INTLAIS— See Fee Tail Lands.
INTESTATES' ESTATES.
Distribution of personal estate,
except slaves 444. Wife's part
444. Children's part 444.
Heir at law to have equal
share 444. Children dying
intestate, in the mother's life-
time 444. Where no children
or representatives 445. Who
may be representatives 445.
Where the intestate dies with-
out wife 445. Widow's dow-
er of slaves 445. How to be
recovered 445. Held and
determined, vested in the heir
445. Also all the other slaves,
but he must account with the
other children for the apprais-
ed value 445. Former titles^
in slaves, confirmed 445. —
Widow, or her husband, per-
mitting dower slaves to be
carried out of the country, for
feits them 446. Partition of
slaves, how made 446. Pro-
portion, how recovered of
heir at law 446. What part
of his estate, a testator shall
leave his wife 447. How she
may renounce the will 447.
Within what time 447. —
When distribution shall be
made 448. Widow's dower
in lands 448. Except whert
there is a jointure 448.
INVASION^ AND INSUR-
RKCTIONS.
Act providing against, continu-
ed 24. Further continued
IXDEX.
L.
587
and amended 99. Further
continued 228.
INVENTORIES,
To be returned^ by executors
and administrators 462.
ISLE OF WIGHT.
County* court day altered 57 !•
JAMES CITY.
County of, and York, to pay
sergeant and constables 264.
Sheriff of, authorised to sum-
mon jurors, in any part of
Williamsburg 386,
JAMES RIVER.
The courts of Henrico, Prince
George, Amelia, Goochland,
and Albemarle, authorised to
order the clearing of James
and Appomattox rivers 375.
Certain funds vested in trus-
teeSf for clearing Fluvanna
river 377.
JEOFFAILS.
Statute of^ declared in force
432.
JOINTURE.
In bar of dower 448.
JUDGMENT BONDS.
Declared voici 240. Penalty for
appearing under power of at
tomey with such 241.
JUDGMENTS.
Power of attorney to confess,
void 241,511. Judgments on
bonds for payment of moneys
how to be entered 511.
JURIES.
Qualification of, for trial of con-
victs 25. Sheriff of James
City authorised to summon
in any part of Williamsburg
386. Grand juries^ when and
how summoned 523. Present-
ments, how made 523. Fines
on jurors 524. On courts
524. On sheriffs 524. Pro-
ceedings on presentments 524.
Grand juries, at the general
court 524. What offences
they may present 525. Rules
in presentments 5S5. She-
riff's duty, in summoning ju-
ries 525. Fine for neglect 525.
Qualifiration of juroi*s 525.
I n the general court 525. In
the county courts 526. Not
to be' challenged after sworn
526.
JURISDICTION.
Of general court 469. Of coun-
ty courts 491.
JUSTICES OF PEACE.
Not to grant execution against
the body 37. May make con-
tracts which will be obliga-
tory on their successnre 175.
KENDALL, JOSHUA
Certain intailed lands of John
Wallop, vf^sted in 83,84.
RING.
His power to repeal laws, by
proclamation, questioned 432*
Form of giving the roy-
al assent to a law 559. Pro-
clamation repealing certain
laws passed at the revisal of
1748 p. 567.
KING & QUEEN.
County, part of, added to Caro-
line 185.
KING WILLIAM.
County, court day altered 371.
LANDS.
Vestry of Albemarle parish, in
Surry, authorised to sell cer-
tain lands 76. Vestry of St
Paul's parish, in Hanover,
authorised to sellcertain lands
7T. Certain intailed lands
of John Wallop, In Acco-
888
L.
IJSTDBX.
mack^ vested in Joshua Ken-
dall 83. Ralph Worinio}' au-
thorised to sell certain in tail-
ed lands, to raise sister's por-
tions 85,89. Certain entail-
ed lands, in Charies City,
vested in Philip Lightfoot, in
fee-simple 111. Certain en-
tailed lands, in Kine Willi-
am, vested in Richard Chap-
man, in fee 114. Survey-
ors of, not to deliver certifi-
cate, copy, or plat of land,
but to the person for whom
surveyed, unless his fees be
refused, or the land be legally
forfeited 170. Certain en
tailed lands»in King & Queen,
vested in George Bi*axton,
the younger 214. Frances
Greenhill, authorised to sell
certain lands in PrinceGeorge
and Surry, notwithstanding
her covorture 216, 219. Dis-
puted bounds of, at whose
costs to be laid out 246. —
Mann Page, of Gloucester,
authorised to sell certain en
tailed lands 277,284. John
Belfield authorised to sell cer-
tain lands, notwithstanding
his infancy 285. Peter Hedg-
man authorised to apply rents
of certain lands, to payment
of dcbt^ of AVilliam Brent
292. Entail of certain lands
docked and vested in Francis
West 297. Certain lands of
George Carter, in Prince
William, Frederick,and Fair-
fax, vested in trustees, to be
sold 300. Certain lots, in
Tappahannnck, vested in the
purchasers 305. Certain
lands in King William^ en-
tailed on Wm. Banks, vested
in John Norton 306. Glebe
lands, in Hungar^s parish, in
the county of Northampton,
vested in trustees to be sold
390. George Eskridge au-
thorised to sell certain lands,
in Westmoreland 392. En-
tail of certain lands in Glou-
cester, of the estate of Tho-
mas Todd, docked 395. En-
tail of certain lands* in Glou-
cester, of the estate of John
Smith, docked 397. How
and when deeds for lands shall
be acknowledged, or proved
and recorded 408. In what
courts 408. Within what
time 409. Number of wit-
nesses 409. Livery of seizen
409. Former deeds valid,
though not recorded 409.—
When void as to creditors
409. Yet binding between
tthe parties 410. Deed by
husband and wife, passes the
estate of the wife 410. Re-
linquishment of dower, how
taken 4 1 0. Effect of 4 1 0.—
Privy examination must be
recorded 411. Memorials to
be certified and recorded 411.
Former conveyances confirm-
ed 412. Estates tail, can on-
ly bo barred, by act of As-
sembly 414. Exceptions, as
to estates under a certain va-
lue 414. Proceedings, by
writ of ad quod domftum, in
such cases 415. Limitation
of real actions 415. Process
in writs of right and real ac-
tions 416. Confirmation of
former patents 417. Patents
to be recorded 417. Surplus
UfDEX.
5»9
land to be granted to patentee
417. Double patents 418. —
Improvements 418. Lapsed
land^ when and how 418. —
By judgment of general court
418. Method of petitioning
for 419. Summons and other
proceedings 4 1 9, 420. Pro-
viso in favor of infants and
non-residents 420. 'Limita-
tion of petitions for lapsed
land 421. Swami)s, marshes^
and sunken grounds, how ob-
tained 421. Certain patents
for» void 422. Saving to in-
fants 422. Surplus lands,
how obtained 422. Allow-
ance for variation of instru-
ments 45^3. Privilege of ten-
ant tn taily or bjr the curtesy
423. Liilble for quit-rents
424. Surveys of land^ how
and by whom made 424^ —
What deemed a seating and
planting 424, 425. Once
made, forever valid 426. —
Processioning of lands, when
and how made 426,427,428.
Bounds three times proces-
sioned, shall never be altered
428. Saving to heirs and per-
sons under legal disabilities
429, 430* Penalty for un
lawful hunting 430. What
good evidence, in prosecu-
tions for 431. Fire-hunting,
penalties for 431. Devise of,
must be in writing, and how
attested 456.
LAPS£D LANDS.
Where land shall lapse, for want
of seating and planting 418.
Proceedings to obtain lapsed
land 419,420. Saving to in-
fknts and non-residents 420.
B 4-.V0L 5.
Limitation of petitions for
421.
LAWNS CREEK.
Parish off in Surry, divided 75.
LAWS.
Act for revisal of 321. Com-
mittee appointed 321. Pow-
er of 321. What number may
act 321. Vacancies, how sup-
plied 322. When to meet
322. No discontinuance 323.
New members, how admitted
323. Power of committee to
send for persons, papers and
records 323. Present laws
to remain in force, till alter-
ed by Assembly 324. Revis-
ed laws, to have formal read-
ings, &c. 324. Representa-
tion against repeal of certain
laws 432. Form of giv-
ing the royal assent to 559.
Proclamation repealing cer-
tain laws, passed at the revi-
sal of 1748 p. 567.
LEEDS.
Town, in King George esta-
blished 193.
LEVIES.
Slaves not to be seized for pay«
ment of 37. No action to be
brought for 37. Settlers on
Roanoke, called the simthem
boundary exempted from 57,
Persons not cultivating to-
baoco, allowed to pay levies
in money 168. Regulations
concerning 169. May belaid
by county courts 175.
LIGHTFOOT, PHILIP
Certain entailed lands^ in
Charles City, vested in 111,
114.
LIMITATION.
Of presentments, by grand ju->
590
UfDEX.
U.
rifD S26. Of actions real 415. y
Act for limitation of actions
513. Limitation of various
513^514. Exceptions 514.
LIQUORS,
Act laying duties on, furtlier
continued S6. Further al-
lowance for leakage 9.7. Not
to extend to certain appro-
priated duty 9Jt Master or
owner may detain for duty 27.
Liquors, when seizable £7.
Act layii^g duty on» continu-
ed 161. Further continued
S36. Acts laying duties on»
reduced into one 310,318.
LIVERY OF SEISIN,
Must be recorded with deed 409*
LOUISA.
County^ formed from Hanover
208. Boundaries 208.— —i*
Court days 209. Court day
altered 265.
LUNENBURG.
County, formed from Bruns-
wick ^83. Boundaries 383.
Court days 383. Public le-
vies and fees in, how payable
in tobaixo 382. Surveyor,
to reside in 382.
MARINERS.
Exempted from payment of
tythes 36. How they may
make a will 457.
MARSHES— See Swamps.
MEMORIALS.
Of deeds, to be sent to the se-
cretary's office, and there re-
corded 411.
MILITIA.
'Who shall be enrolled in 16..^
Certain evempts, to furpish a
substitute 16, X7. Others
wholly exempted 17. ^ How
militia to be armed 17. Mn-
lattoes, not to bear arms 17»
Duty of officers, and punish-
ment of disobedient soldiers
18. Pi'ovision, for going
armed tochurch, and appoint-
ing patrbles 19. Courts mar-
tial 19, "^ Fines 20,22. Arms,
how furnished 21. Exempt*
ed from seizure, or distress
21. Exempted overseers and
millers, not to appear at mus-
ters 29. Sheriff, failing t»
collect fines 23. Oaths of
officers 23. Adjutant gene-
ral ferry free 23. Exceptions
as to WiUiamsburg^23. In-
habitants of the borough of
Norfolk, not compellable to
serve in the mibtia of the
Conntv 81. Nor sailors, in
actual service 81. All sol-
diers to give their personal
attendance at musters 91.
Company musters 91. Ge-
neral musters 91. Fines 91
Fower of courts martial to
remit 91.
MILL-DAMS.
How roads passing over^ to be
kept 34. PensUty on owner
or occupier, for neglect 34.
MILLERS.
Exempted from militia duty,
not to appear at musters 22.
MILLS.
Owners of, to keep roads in re-
pair, crossing tneir dams 34.
Persons intending to build,
how to proceed 359. Where
he owns the land on both sides
the water-course 360. Not to
extend to mills h^-etofore
built 360. Saving, as to own-
ers of old mills 361. How a
fee simple acquired in entailed
N-
IJfDEX.
0.
591
Kuids S61. Time allowed
for rebuilding mills destroy-
ed d62« Jury to fix bounds
of acre condemned 362.
MONET.
Fremiumt for importing 316.
MORTGAGES.
Bow to be executed, proved, &
recorded 409. All former
declared valid 409.
MULATTOES.
Hot to bear arms 17. When
witnesses 245.
MUSTERS.
Of militia, when to be 18. Ex-
empted overseers and millers
not to appear at 22. Com-
pany musters 91. General
musters 91.
NANSEMOND.
Act for the relief of sufferers, by
loss of the records of 72,75.
Further act for the relief of
183. Indians authorised to
itollcertain lands 270,273. —
Court day altered 371.
NATURAUZATION.
Letters of may be granted, to
encourage settlers on Roan-
oke, as a frontier 58.
NEWCASTLE.
Town of, purchasers from Wm.
Meriwether confirmed in their
titles 257, 258. Wooden
chimnies not to be built in
387. Hogs not to run at
large, in town of 387. Fairs
to be kept in 388.
NEW.PORT.
Vestry of, parish of, dissolved
^80.
NEW-TOWN.
In Princess Anne, established
106. Hogs not to run at
large in 387.
NONSUIT.
Costs on 477.
NORFOLK.
Inhabitants of the borough ol^
not compellable to serve in
the militia of the county 81.
Court day of, altered 371.
NORTON, JOHN
Certain lands, inKing Williamf
entailed on Wm. Banks, vest*
ed in 306.
NOTTOWAY.
Indians, authorised to sell cer*
tain lands 270,273.
NUNCUPATIVE WtLLS.
Rules concerning 456,457.
OATHS.
Of inspectors of tobacco 12. Of
militia officers 23. Ofinspec*
tors 131. To be taken by
sheriffs and constables, :in re-
lation to tobacco 151. ' And
by inspectors 1 52. Of attor-
nies 182. Oath altered 346.
Of executors 459. Ofadmin*
istrators 459. Of judges of
general court, at conimoii
law, and in chancery 468,469.
Of justices of the peace 489,
490. Of insolvent debtors
538.
ORANGE.
County, divided, and Frederick
and Augusta formed, from
that part, lying westwardly
of the Blue Ridge to the ut-
must limits of Virginia 78^
80.
ORDINARIES.
Penalty for suffering gaming at
103.
ORPHANS.
Guardians of, when to account
100. Duty of courts I0l.~
Custody of^ may be bequeath-
592
P.
IITDEX
P.
ed by will 449* Duty of
Guardians 449* Provision
for poor orphans 452. Must
be bound apprentices 452.
Debts due to orphans from
guardiansi to be first paid
4dS,
OUTLAWRY.
Proceedings on^ in civil actions
476.
OVERSEERS.
Liability of, for refused tobacco
140.
PAGE, MANN
Of Gloucester, authorised to sell
certain entailed lands ^77,
284.
PARISHES.
South wark and Lawn's Creek,
in the county of Surry, divi-
ded 75. Albemarle parish
formed 76. Vestry of Albe-
marle authorised to sell cer-
tain lands 76. Vestry of
Saint Paul in Hanover, au-
thorised to sell certain lands
77. Saint Mark, in the coun-
ty of Orange, divided, and
Saint Thomas formed 96. —
St. Martin's, in Hanover, di-
vided, and Fredericksville
formed211. Bristol, in Prince
George, divided, and Bath
formed 212. Vestry of Strat-
ton Major, in King & Queen,
authorised to sell the Glebe,
and purchase a more conveni-
ent one d51. Of St. John,
and St. Margaret, in King
William, divided, and Saint
David^s formed 254, 255. —
Hamilton parish, in Prince
William divided, and Dettin-
gen formed 259. Bath, in
Prince George, divided, and
part added to Bristol 26l«—
Of St Martin, to pay certain
tobaccoes to Feedericksvilk
262. St James's in Gooch-
land, divided, and St Aane^s
in Albemarle, and 8t Jamcf
Northam, and Soutbam, in
Goochland formed 267. Suf-
folk parish, in Nansemond,
altered 269. Vestry of Truro
parish, in Fairfax dissolved,
and a new one to be elected
274. Election of vestries of
St Anne and Truro confirm^
ed 380. Saint Andrew, in
Brunswick & Lunenburg di-
vided, and Cumberland form*
ed 383. Glebe lands of Hon*
gars, in Northampton, vested
in trustees to be sold 390.
PATENTS.
To be recorded 417. Double
patents 418. Surplus land
to vest in patentee 417.
PATROLLERS.
When and how appointed 19.
PEDLARS.
To be licensed 54. License,
how obtained 55. Pees for
55^ Penalty for trading with-
out 55. Act concerning, ex*
plained and amended 355.
PKRJURT.
To take a false oath, on appli-
cation for ceriioTan 349.
PERSONAL ESTATE.
Of persons dving intestate, how
distributed 444,448.
PETITION & SUMMONS.
Mode of recovering small debts
498.
PITCH-See Pork, &c
Tnspectors of established 164.
Regulations concerning 164,
p.
IJfDEX.
V.
5t8
168. Act concerning amend-
ed 350,355.
PLATS.
Assignees of, liable for survey-
ors fees 51,341. Surveyor not
to issue to any but the per-
son for whom survey made
170. Unless fees refused to
be paid, or land legally for-
feited 170.
PLEAS.
How many may be received 478.
PORK, BEEF, PITCH,TAll,
AND TURPENTINE.
Pork or beef not to be exported
till packed in barrels 164. —
Inspectors to be annually ap-
Cointed 164. Contents of
arrcls 164, 166. To be
stamped and certified 164. —
Inspectors to be sworn 165.
Their duty and allowance
165. Penalty, for breach of
duty 165. Masters of vessels
to produce certificates to na-
val officers 165. When liable
to sei2ure 166. Penalty on
masters of vessels 166. How
recoverable 166. Seller or ex-
porter of pork and beef to be
sworn 167. Make and size of
barrels 167. Dimensions of
barrels, for tar and pitch 167.
Penalty for breach of this
law 168. Act concerning,
amended, and continued 350,
355.
PORT ROYAL.
Town of, in Caroline, establish-
ed S87. Wooden chimnies
not to be built in 387.
POUNDS OVERT.
Justices of Elizabeth City, au-
thorised to erect 186. Act
fop, revived 266.
POWERS OF ATTORNEY.
To confess judgment, void 240.
Penalty for appearing under
241.
PRACTICE.
Rules of, at common law, in th«
general court 477. In chan-
cery 484. In the county
courts, at common law 496.
In chancery 501.
PREROGATIVE.
Representation against the pre-
rogative exercised by th«
king, in repealing certain
laws 432, note.
PRESENTMENTS.
Rules for charging fees in 47,
50. Limitation of 226. What
offences presentable, and pro-
ceedings thereon 523, 524,
525.
PRINCESS ANNE
County, court day altered 371.
PRINCE WILLIAM.
County, divided, and Fairfax
formed 207. Boundaries 208.
Conrt days 208. Justices of,
authorised to levy tobacco, for
support of Occoquon ferry
252.
PRISON.
Common-hall of Williamsburg
authorised to assess a tax, for
building 263. For counties,
how erected and kept 507. —
Prison bounds 508.
PRIVY EXAMINATION.
Of wife, as to her relinquish-
ment of dower, how made
410. Effect of 410. But her
examination must be record-
ed 4 1 1 . Otherwise not bi nd-
ing on her, or her heirs 411.
Declaration of the law in this
respect 411.
594
R.
IJ^DEl.
It
PROCESSIONING.
Land% when and how to be pro-
cessioned 4269427* Effect of
428. Proceedings where a
party refuses to have his land
processioned 428,429. Where
land lies in two or raore coun-
ties 429. Heir in reversion^
or remainder may controvert
bounds, within six years af-
ter death of tenant for life
428,429. And persons under
legal disabilities 429.
PROCLAMATION.
Power of the king, to repeal
laws by, questioned 432. —
Proclamation giving the roy-
al assent to an act of Assem-
bly 559. Proclamation re-
pealing certain laws passed
at the revisal of 1748, p. 567.
PUBLIC LEVY.
Act for raising 57, 110, 182,
308, 389.
QUIT.RENTS.
Tenant in tail and by the cur-
tesy* liable for 424.
READ, BENJAMIN
Title of lieir of, to fifty acres of
land, adjoining the town of
York, extinguished 70* These
lands declared to remain as a
common 71.
REAL ACTIONS.
Limitation of 415,416. Process
on 416.
RECORDS.
Act for the relief of sufferehs,
by the loss of, in Nansemond
72, 75, 183. To be made up
479.
REPEAL.
Power of the kinj», to repeal
laws, questioned 432. — —
Proclamation repealing cer-
tain laws passed at the re?i«
sal of 1748, p. 567.
REPRESENTATION.
Against the repeal of certain
laws 432. note0
REVISAL.
Provision for revisal of laws
321. Committee appointed,
their power a^d duties 321,
322,323,324.
RICHOMOND.
Town of, established 191. Com*
mons 192. Fairs 192. —
Wooden chimnies not to be
built in 274.
RIGHT, WRITS OP
Limitation of actions on 416.
RIVERS.
The courts of Henrico, Prince
George, Amelia, Goochland,
and Albemarle, authorised to
order the clearing of James
and Appomattox rivers 375.
Funds vested in trustees, for
clearing Fluvanna river 377.
ROADS.
Act concerning, amended SI.--
Surveyors of, may take tim-
ber, for the purpose of repair^
ing 31,32. Bridges, cause-
ways, and roads, bowcon-
ncctetl, between adjoining
counties 32,33. Sign*post^
to be erected 33. Roads,
over mill-dams, how to be kept
34. Penalty for neglect 34.
ROANOKE.
Settlements on, as a frontier^
encourage d 57,58.
ROYAL ASSENT.
Form of giving theroyal assent
to an act of Assembly 559.
RUNAWAYS.
Servants and slaves, how appre*
bended, reward fortakiiig op^
8.
mDEi.
595
and proceedings in relation
to 552 to 557.
SULORS.
Mot compellable to serve in mi-
litia 81. Nor pay tithes 36.
SALT.PETRE.
Premium for making 362. How
obtained 363. Penalty for
false oath 363.
SEAMEN.
Exempted from payment of
tithes 36. How they may
make a will 457*
SEATING AHD PLANTING.
What shall constitute, to pre-
vent land fkt>m lapsing 418,
424,4£5.
SECRETARY.
.His fees 38,42,326,331.
SECURITY.
Rules for taking, or granting
administrations 461. When
not required 461.
SEIZURE.
Arms of militia, exempted from
21.
SERVANTS.
How long those imported, with-
out indentures, shall serve
547. Duty of masters 548.
Complaints of; against their
masters, how redressed 549.
Contracts between, ana their
masters, void 459. Shall
have the property of their
own effects 549. Sick or dis-
abledy not to be discharged
550. Freedom dues 550. —
Who shall not own servants
550. Penalty for dealing
with, witliout leave 551. —
Duty of 551, Punishment of
for resistance 551. Or for
violation of laws 551. Cer-
tificates of freedom 551.—'
Penalty for harboring 55 L —
Forged certificates, punish-
ment for 552. Runaways^
how apprehended, reward for
and proceedings against 552^
to 557. Remedy against pre-
tended tradesmen 557. Or
where they refuse to work
558.
SETTLEMENTS.
On Roanoke, as a frontier,
encouraged 57,58.
SHERIFFS.
To collect militia fines 22.-^
Not to take slaves, in execu-
tion, for le«s than KM. if other
sufficient property be shewn
37. Nor for fevies or clerks'
fees 37. Not to make unrea-
sonable seizures or distresses
37. Their fees 48,50. When
to account for fees put into
their hands 52,53. When
to make distress for public to*
bacco debts 139. When to
account 139. Their fees 337.
On presentments 339. Ac*
count of fees, when to be de-
livered to 342. Their duty
in collecting 343. When to
account 343. Remedy against
544. Power of sheriff of
James City enlarged 386. —
He may summon jurors in
any part of Williamsburg
386. Art prescribing . the
manner of appointing 515. —
How recommended and com-
missioned 515. Where a
sheriff dies in office 515. —
Continuance in office 515.-«»
To give bond and security
516. Eine on refusal to serve
516. Exceptions 516. To
596
S.
LffDEX.
S.
execute all process directed
to him 5X7. Penalty on fai-
lure 517. On a false return
517. Rules for returning
process, where the defendant
is not found 517. Process,
when not to be executed 517.
What obligation sheriff may
take 518. His fees 518.—
To be collector of quit-rents
and public and county levies
518. How to account and
pay 518. May distrain 518.
What liable to distress 519.
How sold 5 1 9. Penalty for
unreasonable distress 519.
Indemnified for involuntary
escapes 519. Process for es-
capes 5£0. Escape warrant
520. Proceedings thereon
520. Sheriffs may imj>ress
guards 521. Method of turn-
ing over prisoners 522. May
distrain for arrears of public
debts 522. Allowance for
collecting 5ZZ. Power of
•Sheriff of James City 522.
SIGN-POSTS,
Where to be erected S3.
SKINS.
Collectors of duties on, to be
appointed 56. Skins and furs
may be seized 56. Penalty
lor buying red deer skins 62.
Additional duty on, for Wil-
liam and Mary College 237.
Act concerning, explained
and amended 355.
SLANDER.
In actions for, when plaintiJST
shall not recover costs 240.
SLAVES.
Act laying duty on, further con-
tinued 28. Duty, how col-
lected and accounted for £8,
29. Penalty 30, Not to be
taken, in execution, for less
than 10^ if other sufficient
property be shewn 37. Nor
for levies, or officer* fees 37.
Additional duty on slaves 92^
93. Certain slaves of Wil-
liam Chamberlayne, dec'd*
vested in trustees, for the
benefit of a posthumous child
117. Acf laying duty on,
continued 160. Fualher con-
tinued 318. Slaves declared
to be personal estate 432« —
Representation against the re-
pesil of that act 432, note. —
How slaves of intestate to be
distributedi445. The widow's
dower in 445 How recover-
ed 445. The part of the heir
at law 445. Appraised value
of, to be paid by heir, to the
other children 445. Widow,
or her husband, permitting
dower slaves to be sent oat <n
the state, forfeits them 446.
Not to be sold by executors
or administrators, unless m
deficiency of other goods to
pay debts 464. Rules con-
cerning, on lands of dece-
dents 464. When, not to be
distrained 519. When, not
taken in execution 535.—
Who shall be slaves 547. —
Penalty for selling free per-
son as slave 548. Being in
England, no discharge from
slavery 548« Children, bond
or free, according to the con*
ditipn of their mother 548. —
Stealing slaves, felony with-
out clergy 558.
SMITH, JOHN
Entail of certain lands^ in Glon-
s;
DfBBX.
597
cester, of estate off docked
397.
SOLDIERS.
Balsed by impressment^ for
S)>anish war 95. In what
manner 95. How enlisted 95.
Raised for an intended expe-
dition against Canada 401.
How they may make a will
45r.
SOUTHERN BOUNDARY.
Settlers on Roanoke, called the
southern boundary, encou-
rai^d 57. Their privilege 58.
SOUTHAM.
Parish of, on the south side of
James rirer, in Goochland,
formed ^7.
SOUTHWARK.
Parish of, in Surry, divided 75.
SPANIARDS.
Additional duty on slaves, to
aid in the war a^^ainst 92,93.
Troops raised to serve against
94,95. Soldiers impressed
for 95. And enlisted 95. —
Appropriation for expenses
of expedition against 121.
SPECIAL VERDICT.
Proceedings on 478.
SQUIRRELS.
Act for destroying, on Eastern
shore 203.
ST. ANDREW.
Parish of, in Brunswick, & Lu-
.nenburg, divided, and Cum-
beryind formed 383.
^ ST. ANNE.
Parish 'of, Albemarle, formed
from St. James's in Gooch-
land 267. Election of vestry
of, confirmed 380.
ST. DAVID.
parish of, formed from St John's
and St. Margaret's 254,255.
C 4— Vol. 5.
St. JAMES.
Parish of, divided into three;
that part in the county of Al-
bemarle to be called St.
Anne's; that on the north side
of James river, in Goochland^
to be called St. James North-
am; and that on the south
side of James river, in Gooch-
land, to be called Soqtbam
267.
ST. JOHN.
Parish of, divided, and St. Da*
vid's formed $54,255.
ST. MARGARET.
Parish of, divided, and St. Da-
vid's formed 254,255. Ves-
try of, dissolved 380.
ST. MARJK-
Parish of, in. tlie county of
Orange, divided, and St. Tho-
mas formed 96.
ST. MARTIN'S. „
Parish, in Hanover, dividied aiid
Fredericksville formed 211.
To pay certain tobaccoes to
Fredericksville 262. To pay
certain monies to 385.
ST. JAMES NORTHAM.
Parish of, on the north side of
James River, in Gpochland^
formed from St James 267.
ST. PAUL.
Vestry of St. Paul's^ parish, (in
Hanover, authorised Jo sell
certain lands 77.
ST. THOMAS.
Parish of, in the county of
Orange, formed (h>m Saiat
Mark 96.
STRATTON MAJOR.
Vestry of, authorised to sell the
glebe and purchase ^ mor^
convenient one 251.
599
T.
Vf^^X.
SUFFOLK-
Town of, established 199. Re-
Silations concern! ng 200,202*
onnds, and title of lands,
held in, established 241,244.
Parish of, in Nansemond, al-
tered 269. Wooden chimnies
not to be built in d87«
SUPERSEDEAS.
How to issue 482.
SURPLUS LAND.
How acquired 417,421,422.
SURVEYORS.
Tlieirfees 50,51 9340. Assignees
of plats, liable for 51. Not to
deliver certificate, plat, or co-
py^ to any person, but him
for whom siirvcy was made,
unless his fees be refused, or
the land be legally forfeited
170. Of Albemarle, Augusta,
Frederick and Louisa, to re-
side in their respective coun-
ties 253. Fees of, on assign-
^ plots, may be recovered of
&8si^eeS41v Of Lunenburg,
to reside therein 382.
SWAMPS, MARSHES AND
SUNKEN GROUNDS.
Method of obtaining patents for
421.
SWEARING.
Profane swearing, penalty for
225. How enforced 225. —
Limitation 226.
TAPPAHANNOCK.
Hogs not to run at large in 253.
Recital of its establishment
$04* ' Certain lots in, im-
proved by mistake, vested in
the purchasers 305.
TAR— See Porks ^c
Inspection of, established 164.
Regulations concerning 164,
16S* Act concerning amend-
ed 350,S$5.
' TAXES.
For the year 1738, Q7. For tb*
year 1740, 110. For the
year 1742, 182. For the
ye^r 1744, SOS. For the
year 1745, S89.
TITHABLES.
Penalty, for removingt from one
county to another, to avoid
payment on 55,36. Seamim
exempted 36.
TOBACCO.
Inspectors of, how appointed 10«
No inspector to ^ collector
11. No justice to vote on %
recommendatienof himself 1 1*
County courts failing to re-
commendy governor and coun-
cil may commissipii lU In-
spectors in oflce, and again
recommended, may be con-
tinued so long as they behave ^
themselves 1 1. Failing to *
attend, at certain periods, li-
able to a penalty 11. Shall
accoui)t for tobacco gained
by allowance for cask il«—
Weight of hogsheads of trans-
fer and crop tobacco 12, Oath
of inspectors 12. Penalty for
failing to take 13. Exporta-
tion of uninspected tobacco^
how prevented IS. Inspector
removed, liable to action, for
costs and damages 14. Rents
of several warehouses, raised
14. New ones estiAnshed
14,15. Directions for plac-
ing hereafter 15. Allowance
to be made, on paying fees^
explained 15. - Time for the
attendance of inspectors at
warehouses, altered 98.——
When transfer tobacco to he
T.'
UVBEZ.
T-
59ft
I
sold 98. Act reducing into
onc^ ail acts concerning to-
bacco 124.160. All tobacco
exported to be inspected 125.
None to be taken on board,
for exportation, but from a
public warehouse 125. Mas-
ters of vessels to be sworn
125. Penalty for taleing un-
inspected tobacco on board
125. Or parcels not packed
126. Exceptions 127,128.
Fraudulent delivery or em-
bezzlement of tobacco, felony
128. Exception 129. Da-
maged tobacco to be review-
ed 129. County courts to
nominate inspectors annual-
ly 129. On failure to nomin-
ate, the governor nay appoint
IdO. Justices being inspect-
ors, or in the nomination,
not to vote 130. Continu-
ance in office ISO. Inspectors
to give bond ISO. Oath of
181. Penalty 131. Within
what periods to attend 131.
Penalty for neglect 131. Di-
rections for viewing & stamp-
ing 132. And in case of dis-
agreement, or sickness 132.
Inspector's own tobacco, how
to be passed 1 32. Transfer
notes 132. Allowance for
cask 133.' Weight of trans-
fer 133. Weight of hogshead
133. Allowance for inspection
133. For shrinkage or loss
of weight 133. Penalty on in-
spectors failing to pay their
notes 133. Crop notes 134.
Allowance for inspection 154«
Mo tender of tobacco good,
except in notes 134. Stemmed
tobacco 134. Size of hogs- 1
heads 134. Forging notes,
&c. felony 135. Notes lost
or mislaid how renewed 135.
Payment of public debts 136*
Currencv of inspectors notes
136. AIloMfance for conveni-
ency 137. Proviso as to non-
residents 137. . Allowances^
on payment of levies or taxes
137. Commission for collect-
ing 138. Allowances in tax-
ing costs 1 38. Public tobacco
debts, when payable 138. —
Distress for 139. For quit-
rents, how redeemable 139.
Sheriffs and collectors when
to account 139. Refused to-
bacco to be burnt, or picked
1 39. Liability of overseers
140. Weights of all tobacco,
to be entered in a book 140.
Manifests 140. Proviso,
where the ship cannot i*e-
ceive the tobacco 140. Du-
ty of masters of vessels and
naval officers, iil relatibii to
manifests l4l. Warehouses
established 141, 142, 143.-^
Inspector's salaries 143,144,
145. Rents of warehouses
145,146^ Provision, where
rents are insufficient 146. —
Rents and salaries, ho^ paid
146. Owners of warehouses
compelled to rent them 147*
Proceedings, where theowner
of land intehds to build 147.
Where he refuses 147. Ware-
houses discontinued 14S. —
How owner restored to his
former estate 148. Houses
orchards, &c not to be taken
149. Hogs, how kept 149.
Power of justices^ in relation
to warehouses 149. Penalty
600
T.
moEx.
T.
oDf for ne^ect of duty 149.
Loss by fire made good, by
General Assembly 150.—
Weights & scales 150. How
frovided 150. How tried 150.
enalty for caBrying into N.
Carolina and Maryland 151.
Oaths to be taken by sherifl^
and constables 151. Penalty
152. Oaths of inspectors 152.
Exportation of uninspected
tobacco, how prevented 152.
Duty of justice 152. Inspec-
tors ineligible to the General
Assembly 153. Penalty for
interiVring in elections 153.
Proviso 154. Penalty (yi in-
spector, for taking gratuity
154. And on person ofibring
154. Tobacco, when to be
reviewed 154. Proceedings,
when tobacco proves bad, on
l^view 155. Further duties
of inspectors 156. Light
hogsheads, how disposed of
15/. Transfer notes, how
converted into crop 157. —
When to be sold 157. In-
spectors, when to make re-
turn to court 158. When to
account with treasurer 158.
Proceedings against inspect-
ors, for breach of duty 158.
Costs 159. Penalties, how
recoverable and appropriated
159. Limitation of prosecu-
tion 160. And of the act 160.
Persons not cultivating to-
bacco, allowed to pay their
Ifevii s and officers' fe^s in mo-
ney 168,169. Certain ware-
houses discontinued, others
cstj^blislied, and others dis-
joined 252,233. Inspectors'
salaries 233. Rents altered
S^^S. Currency of certain
notes 233. Abatement, in
Albemarle county 234. Pro-
prietors, how restored to
warehouses 234« Failing to
build 234. Penalty, for car-
rying uninspected tobacco
from oiie district to another
235. Attendance of ins\iect-
ors 235. Transfer tobacco,
to be made crop 325. Ware-
bouses established 325.
Others disjoined 325*. In-
spectors' salaries S25# What
warehouses to have floors
raised 325. Reparation for
. loss of, at Gray's creek, and
York warehouses 365. No
execution or distress for, be-
tween 30th Sept. and ^Ist
December 535.
TODD, THOMAS
Entail of certain lartds, in Glou-
cester, of estate of, docked
395.
TOWNS.
New-Town, in Princess Anne,
.established 106. Richmond,
in Henrico, established 191.
Commons 192. Fairs 192.
Leeds, in King George, es-
tablished 193. Bounds of
Fredericksburg established,
and certain lands added there-
to 197,198. Suffolk, in iNan-
semend, established 199 ,£02.
Charter of Williamsburg, ex-
plained 204. Port-Royal, in
Caroline, established 287.
TRANSFER.
Tobacco, when to be accounted
for 98. How far current 132.
Weight of, when* prized by
the inspectors 133. How con-
verted into crop 157. When
w.
mDEX.
w.
601
to be sold l%7. Transfer to-
bacco to be made crop 325.
TREASURER.
Act for appointing 64. His sa-
lary 65. Security to be giv-
en 65. Vacancies, how sup-
plied 65. Act for appointing
173,174.
TRURO.
Vestry of Truro parish, in Fair-
fax, dissolved, and a new one
to be elected 274. Election
of vestry of, confirmed 380.
TRUST, DEEDS OF
How to be acknowledged, pro-
ved and recorded 409. All
former declared valid 409.
TURFENTINE-^^ec Fork,
Inspection of established 164.
Regulations concerning 164,
168. Act for, amended 350,
355.
UkBANNA.
Town of, hogs not to run at
large in 260.
VARIATION.
Allowance, for variation of com-
pass 423.
VESTRIES.
Election of Vestries of St. Anne
and Truro, confirmed 380.
Vestries of St Margaret and
Newport, dissolved 380.
WALLOP, JOHN
Certain entailed lands of, in
Accomack, vested in Joshua
Kendall 83,84.
WAR.
With Spain, troops to be raised
. for 92,94. By impressment
or enlistment 95. Appropri-
ation for expenses of 121. —
French, grant of money for
carrying on 4O0.
WAREHOUSES.
Rents of certain warehouses
raised 14. New ones esta-
blished 14,15. Directions,
for placing hereafter 15. Es-
tablished 141, 142, 143
Rents of 145,146. How paid
146. Owners of, compelled
to rent them 147. Proceed-
ings, when he refuses 147.
Discontinued 148. How own-
er restored to his former es-
tate 148. Houses, orchards,
&c. not to be talkCn for 149.
Hogs, how kept at 149.
Power of justices, iri relation
to 149. Certain warehouses
discontinued^ and others es-
tablished 232,233. Propri-
etors, how restored 234. —
Failing to build 234. Ware«
houses established 325.
Others disjoined 325.
WARRANTS.
For small debts, proceedings on
491.
WEIGHTS.
And scales, how provided at
warehouses 150. How tried
150.
WESTHAM.
Public store-houses to be erect-
ed at 378. Duty and respqn-
sibility of proprietor 379. —
Price of storage 378.
WEST, FRANCIS
Entail of certain lands docked,
and vested in 297.
WIFE.
Joining her husband, in convey-
ance, passes her estate 410.
Her proportion of the perso-
nal estate of her husband* dy-
ing intestate 444. JHer dow-
er in slaves 445. What part
652
vr.
JJ^DEX
W.
of estate, a testator must
Wvo his wife 446. ^ow she
may renounce the will 447.
WILLIAM AND MART COL-
LAGE.
Duties on skins and furs, for
benefit of 237. Duty on spi-
rits, for relief of 317*
WILLIAMSBURG.
Charter of, recited 204. Ex-
plained 205. Oath of electors
206. Power of court of Hus-
tings 207. Common-hall of,
authorised to assess a tax, for
building a prison 26^.
WILLS.
May be proved, so soon as ex-
hibited 2S2. Not to affect
heir at law 232. What part
of his estate, testator must
leave his wife, by will 447.
How and when she may ro
nouncc the will 447. County
coarts may take proof of
wills, and grant administra-
tions 454. Rules of probates
of wills 154. Where execu-
tors refuse, administration
with the will annexed shall be
committed 455. When wills
may be proved in court 455.
Where tlie heir at law may
contest the will 455. Rules
in case of several heirs or
where no heir is known ^55.
Infants, &c. may contest will
within ten years after disabil-
ities removed 455. Rules in
case of administration 456*
Devise of lands must be in
writing 456. How lo be at-
tested 456. Such devises
shall remain valid, unless re-
voked, in writing, or cancel-
led by the devisor 456. Rules J
concerning nuncupative wilb
456. When they shall not
be of force 457. Nor any
probate, or administration
granted thereon 457. The
widow or next of kin shall be
first summoned 457. Writ-
ten legacies of personal es-
tate, not recoverable, except
in writing 457. Soldiers or
marifiers excepted 457.—
Rules in granting adminis-
trations 458. Where credi-
tors may be admitted 458. —
Method tb prevent waste, or
embezzlement 458. Wilb
may be proved after adminis-
tration granted 458. Court
may compel any person to
produce the will of a person
deceased 458. Executors and
administrators shall be sworn
458. Oath of extoitor 459.
Of administrator 439. Bond
of executor 459. Of admin-
istrator 460. The whole
penalty recoverable 460.—
Where no security taken, the
justices liable 461. When
discharged 461. How secu-
rities indemnified 461.— «—
Where security not required
461. Executors refusing the
executorship, or to give secu-
rity 461. Power of cx'ors be-
fore probate 462. Rules in pro-
bates & administrations 462.
Inventory to be returned 462.
Appraisement of the estate
462. Appraisers' fee 462..
How far appraisemoits bind-
ing 46S. Duty of executors
and administrators in selling
perishable goods^ specific le-
gacies excepted 463. Where
w.
U^DBX.
W.
608
no appraisement shall be ne-
cessary 464. And an inven-
tory sufficient 464. Slaves
not to be soldf except on a de«
ficiency of other good^ 464.
Rnles concerning servants &
slaves^ and crops 464. Ser-
vants and slaves when to be
delivered np 464. If dead,
executor not answerable 465.
Wills to remun in the clerk's
office 465. Cattle to be pre-
served for the heir 465. If
too numerous, part, may be
sold 465. And the heir an-
swsrable to other children
465. Executors/in their own
wrong 465. Executors of
joint*tenantSf &c. receiving
more than their share 466.
Allowance of executors and
administrators 466. Lists of
probates and administrations
466. Jurisdiction of general
court, as to probates 466. —
Oaths and bonds, same as in
other courts 467.
WITNESSES.
When free negroes, mulattoes
and Indiana may be 245. —
How summoned 479. Depo-
sitions of, how taken 479.-^
Who disabled to be 480. —
Privilege of 480. Refusing
to give evidence 480. Allow-
ance 480. Rules corirerning,
in county courts, 504. Who
may, or may not be, in crim-
inal cases 546.
WORMLEY, RALPH
Authorised to sell certain en-
tailed lands, to raise sister's
portions 85,90. _-
WOLVES. '^
Reward for killing, in Frede-
rick 265,373.
WRIT OF ENQUIRY.
When awarded, and how execu-
ted 477.
WRITS OF RIGHT.
Limitation of actions on 416»
YORK.
Certain lands vested in feoffees
of the town of, and acommoa
established 68. Title of the
heirs of Benjamin Read, to
50 acres extinguished 70.—.
. How laid off for a common
71. Compensation to Gwyn
Read, heir of Benjamin Read
71. How paid 71. County
of, and James City, to pay
sergeant and constables 264.
w
List of Errata^ in the Fifth Volume of Hening's
Statutes at Large.
f*age 19 line 5, from top, read ^ in arms, at" for <<at amu^ m"
22 15, from bottom, read « it" fop « tt"
jb. line the last, read "said" for "said"
24 4 from the bottom, read «« feloniea" for ««fo1onieB**
25 8 from the bottom, read " person" for " pereons"
ib. 7 from the bottom, read «« person" for •* persons"
29 21 from the bottom, read •* or" for ««and"
40 10 from the top, read «'on" for " or" where it first occura.
78 12 from the top, insert the word «• as" betwee n " descripUoiw" and
«<they"
81 13 from the bottom, read «« persons" for «< person**
85 11 from the bottom, insert the word «« oP' between " utiy" and
" them"
125 12 from the bottom, read •< that" for <* the" before the wmd
" purpose"
188 19 from the bottom, read « same" for <« sames"
194 2 from the bottom, read « conreied" for " covied"
212 10 from the bottom, insert the word «< and" between " Assembly^*
and "it""
217 22 from the top, read •« hit" for « a"
220 10 from the bottom, insert « in" between « iP and <'anj"
234 1 at the top, for « fo»' read "for"
237 13 from the top, insert the word " such" between " oT' and " hidc^^'
323 6 from the bottom, read " is" after the word " it*^
333 2u from the bottom read « charted" for "paid"
334 at the end of the last line insert " 30"
337 10 from the top, read " tlie" for « she"
372 the bottom line, read "any" for « and"
379 8 from the top, read " therefrt>m" for " thrcfrom"
ib. 11 from the bottom, read "storehouses" for <^itorhou3os''
388 7 from the top, read " large" for " lurge"
410 10 from the bottom, read " county*' for " country"
433 2 from the top, read " be" for « the"
464 the top line omit the word "to"
471 1 5 from the top, read " on" for " or**
475 16 from the top, read " except" for " accept"
ib. 19 from the bottom, read " excepted" for " acce p t ed"
483 1 at top, read " any" between " granting' and *' sticli"
491 8 from the bottom, read " determinable" for " derminabf c"
502 17 from the bottom, read " complainant" for "cotnplahit**
506 3 from the bottom, read " before" for " defort"
521 9 from the top, read " refused" for " refuse'*
524 5 from the top, read " oP' for the word « for^'
530 15 from the bottom, read « had" for •« hath"
531 21 from the bottom, read " goods" for " good"
532 19 from the top, read " querela" for " querem *
553 13 from the top, read " runaway" for " ruaway"
5^ 7from the bottom^ read " to" for " tf '
i
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